[House Report 114-894]
[From the U.S. Government Publishing Office]



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114th Congress     }                                {          Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                {          114-894

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            CORRECTIONS AND RECIDIVISM REDUCTION ACT OF 2016

                                _______
                                

 December 23, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 759]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 759) to enhance public safety by improving the 
effectiveness and efficiency of the Federal prison system with 
offender risk and needs assessment, individual risk reduction 
incentives and rewards, and risk and recidivism reduction, 
having considered the same, reports favorably thereon with 
amendments and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page

The Amendments...................................................     1
Purpose and Summary..............................................    18
Background and Need for the Legislation..........................    19
Hearings.........................................................    21
Committee Consideration..........................................    21
Committee Votes..................................................    21
Committee Oversight Findings.....................................    21
New Budget Authority and Tax Expenditures........................    21
Congressional Budget Office Cost Estimate........................    21
Duplication of Federal Programs..................................    24
Disclosure of Directed Rule Makings..............................    25
Performance Goals and Objectives.................................    25
Advisory on Earmarks.............................................    25
Section-by-Section Analysis......................................    25
Changes in Existing Law Made by the Bill, as Reported............    29

                             The Amendments

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Corrections and 
Recidivism Reduction Act of 2016''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                   TITLE I--RECIDIVISM RISK REDUCTION

Sec. 101. Short title.
Sec. 102. Duties of the Attorney General.
Sec. 103. Post-sentencing risk and needs assessment system.
Sec. 104. Recidivism reduction program and productive activity 
recommendations.
Sec. 105. Report.
Sec. 106. Use of System and recommendations by Bureau of Prisons.
Sec. 107. Definitions.
Sec. 108. Authorization of appropriations.
Sec. 109. Rule of construction.

         TITLE II--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

Sec. 201. Use of restraints on prisoners during the period of pregnancy 
and postpartum recovery prohibited.

      TITLE III--BUREAU OF PRISONS USE OF OLEORESIN CAPSICUM SPRAY

Sec. 301. Short title.
Sec. 302. Officers and employees of the Bureau of Prisons authorized to 
carry oleoresin capsicum spray.
Sec. 303. GAO Report.

          TITLE IV--BUREAU OF PRISONS SECURE FIREARMS STORAGE

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Secure firearms storage.

                         TITLE V--MISCELLANEOUS

Sec. 501. De-escalation training.
Sec. 502. Medication-Assisted Treatment for Opioid and Heroin Abuse.
Sec. 503. Monitoring of electronic communications between prisoner and 
attorney.
Sec. 504. Pilot programs.
Sec. 505. Ensuring supervision of released sexually dangerous persons.
Sec. 506. Data collection.
Sec. 507. Federal prisoner reentry initiative reauthorization; 
modification of imposed term of imprisonment.
Sec. 508. Release coordination.

                   TITLE I--RECIDIVISM RISK REDUCTION

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Recidivism Risk Reduction Act''.

SEC. 102. DUTIES OF THE ATTORNEY GENERAL.

  (a) In General.--The Attorney General shall carry out this section in 
consultation with--
          (1) the Director of the Bureau of Prisons;
          (2) the Director of the Administrative Office of the United 
        States Courts;
          (3) the Director of the Office of Probation and Pretrial 
        Services; and
          (4) the Director of the National Institute of Justice.
  (b) Duties.--The Attorney General shall, in accordance with 
subsection (c)--
          (1) develop a prisoner risk and needs assessment system in 
        accordance with section 103;
          (2) develop recommendations regarding recidivism reduction 
        programs and productive activities in accordance with section 
        104;
          (3) conduct ongoing research and data analysis on--
                  (A) the best practices relating to the use of 
                prisoner risk and needs assessment tools;
                  (B) the best available risk and needs assessment 
                tools and the level to which they rely on dynamic risk 
                factors that could be addressed and changed over time, 
                and on measures of risk of recidivism, individual 
                needs, and responsivity to recidivism reduction 
                programs;
                  (C) the most effective and efficient uses of such 
                tools in conjunction with recidivism reduction 
                programs, productive activities, incentives, and 
                rewards; and
                  (D) which recidivism reduction programs are the most 
                effective for addressing the specific criminogenic 
                needs of prisoners, and how much programming is 
                appropriate to most effectively reduce the risk of 
                recidivism for prisoners with different risks of 
                recidivating;
          (4) on a biennial basis, review the system developed under 
        paragraph (1) and the recommendations developed under paragraph 
        (2), using the research conducted under paragraph (3), to 
        determine whether any revisions or updates should be made, and 
        if so, make such revisions or updates;
          (5) hold periodic meetings with the individuals listed in 
        subsection (a) at intervals to be determined by the Attorney 
        General; and
          (6) report to Congress in accordance with section 105.
  (c) Methods.--In carrying out the duties under subsection (b), the 
Attorney General shall--
          (1) consult relevant stakeholders; and
          (2) make decisions using data that is based on the best 
        available statistical and empirical evidence.

SEC. 103. POST-SENTENCING RISK AND NEEDS ASSESSMENT SYSTEM.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General shall develop and release, 
for use by the Bureau of Prisons in accordance with the phase-in period 
described in section 3621(b)(2) of title 18, United States Code, as 
added by this Act, a prisoner risk and needs assessment system, to be 
known as the ``Post-Sentencing Risk and Needs Assessment System'' 
(referred to in this Act as the ``System''), which shall provide risk 
and needs assessment tools (developed under subsection (b)) in order 
to, for each prisoner--
          (1) determine the recidivism risk of each prisoner as part of 
        the intake process, ensuring that the recidivism risk metric 
        distinguishes the different rates of failure;
          (2) assign the prisoner to appropriate recidivism reduction 
        programs or productive activities based on that determination, 
        the prisoner's specific criminogenic needs, and in accordance 
        with subsection (c);
          (3) reassess the recidivism risk of each prisoner 
        periodically using an appropriate reassessment tool described 
        in subsection (b)(1)(B), and reassign the prisoner to 
        appropriate recidivism reduction programs or productive 
        activities based on the revised determination, the specific 
        criminogenic needs of the prisoner, and the successful 
        completion of recidivism reduction programs in accordance with 
        subsection (e); and
          (4) determine when a prisoner is ready to transfer into 
        prerelease custody in accordance with section 3624(g) of title 
        18, United States Code, as added by this title.
  (b) Risk and Needs Assessment Tools.--
          (1) In general.--The Attorney General shall--
                  (A) adapt the Federal Post Conviction Risk Assessment 
                Tool developed and utilized by the Administrative 
                Office of the United States Courts in order to develop 
                suitable risk and needs assessment tools to be used in 
                the System developed under subsection (a) by using the 
                research and data analysis required to be conducted 
                under section 102(b)(3) on the best available risk and 
                needs assessment tools available as of the date of the 
                enactment of this Act, and determining, using the 
                methods required under section 102(c), how to make the 
                most effective and efficient tools to accomplish for 
                each prisoner, the assessments, assignments, and 
                reassessments described in paragraphs (1) through (3) 
                of subsection (a); and
                  (B) ensure that the risk and needs assessment tool to 
                be used in the reassessments described in subsection 
                (a)(3) measures and uses dynamic risk factors, 
                indicators of progress, and of regression, including 
                newly acquired skills and changes in attitude and 
                behavior over time.
          (2) Validation on prisoners.--In carrying out this 
        subsection, the Attorney General shall statistically validate 
        any tools that the Attorney General selects for use in the 
        System on the Federal prison population, or ensure that the 
        tools have been so validated.
          (3) Evaluation.--The Attorney General shall ensure that the 
        System does not result in unwarranted disparities, including 
        by--
                  (A) regularly evaluating rates of recidivism among 
                similarly classified prisoners to identify any 
                unwarranted disparities in such rates, including 
                disparities among similarly classified prisoners of 
                different demographic groups; and
                  (B) adjusting the System to reduce such disparities 
                to the greatest extent possible.
  (c) Assignment of Recidivism Reduction Programs.--The System shall 
provide guidance on the kind and amount of recidivism reduction 
programming or productive activities that should be assigned for each 
prisoner and shall provide--
          (1) that the higher a prisoner's risk of recidivating, the 
        more programming the prisoner shall participate in, according 
        to the prisoner's specific criminogenic needs;
          (2) information on the best ways that the Bureau of Prisons 
        can tailor the programs to the specific criminogenic needs of 
        each prisoner so as to best lower each prisoner's risk of 
        recidivating; and
          (3) that all prisoners shall participate in recidivism 
        reduction programs or productive activities throughout their 
        entire term of incarceration.
  (d) Housing Assignment.--The System shall provide guidance on 
grouping and housing assignment determinations and, after accounting 
for the safety of each prisoner and other individuals at the prison, 
provide that prisoners with a similar risk of recidivating be grouped 
and housed together to the extent practicable.
  (e) Recidivism Reduction Program and Productive Activity Incentives 
and Rewards.--The System shall provide incentives and rewards for 
prisoners to participate in and complete recidivism reduction programs 
and productive activities as follows:
          (1) Family phone and visitation privileges.--A prisoner who 
        is successfully participating in a recidivism reduction program 
        or a productive activity shall receive, for use with family 
        (including extended family), close friends, mentors, and 
        religious leaders--
                  (A) phone privileges, or, if available, video 
                conferencing privileges, for up to 30 minutes per day, 
                and up to 900 minutes per month; and
                  (B) additional time for visitation at the prison, as 
                determined by the warden of the prison.
          (2) Time credits.--
                  (A) In general.--A prisoner shall earn 10 days of 
                time credits for each 30 days that the prisoner 
                successfully participates in a recidivism reduction 
                program or productive activity, except that--
                          (i) a prisoner (other than a prisoner 
                        described in clause (ii)) who has been 
                        determined, over two consecutive reassessments, 
                        to have reduced their risk of recidivism, shall 
                        earn an additional 5 days of time credits for 
                        each 30 days that the prisoner successfully 
                        participates in a recidivism reduction program 
                        or productive activity; and
                          (ii) a prisoner who has a low or no risk of 
                        recidivism and who has been determined, over 
                        two consecutive reassessments, not to have 
                        increased their risk of recidivism, shall earn 
                        an additional 5 days of time credits for each 
                        30 days that the prisoner successfully 
                        participates in a recidivism reduction program 
                        or productive activity.
                  (B) Availability.--A prisoner may not earn time 
                credits under this paragraph for a recidivism reduction 
                program or productive activity that the prisoner 
                successfully participated in--
                          (i) prior to the date of the enactment of 
                        this Act; or
                          (ii) during official detention prior to the 
                        date that the prisoner's sentence commences 
                        under section 3585(a) of title 18, United 
                        States Code, if the prisoner becomes ineligible 
                        to receive time credits under subparagraph (C).
                  (C) Ineligible prisoners.--A prisoner serving a 
                sentence as a result of a conviction for an offense 
                under any of the following provisions of law shall be 
                ineligible to receive time credits:
                          (i) Section 113(a)(1) of title 18, United 
                        States Code, relating to assault with intent to 
                        commit murder.
                          (ii) Section 115 of title 18, United States 
                        Code, relating to influencing, impeding, or 
                        retaliating against a Federal official by 
                        injuring a family member, except for a threat 
                        made in violation of that section.
                          (iii) Any section of chapter 10 of title 18, 
                        United States Code, relating to biological 
                        weapons.
                          (iv) Any section of chapter 11B of title 18, 
                        United States Code, relating to chemical 
                        weapons.
                          (v) Section 351 of title 18, United States 
                        Code, relating to Congressional, Cabinet, and 
                        Supreme Court assassination, kidnapping, and 
                        assault.
                          (vi) Section 793 of title 18, United States 
                        Code, relating to gathering, transmitting, or 
                        losing defense information.
                          (vii) Section 794 of title 18, United States 
                        Code, relating to gathering or delivering 
                        defense information to aid a foreign 
                        government.
                          (viii) Any section of chapter 39, United 
                        States Code, relating to explosives and other 
                        dangerous articles, except for section 836 
                        (relating to the transportation of fireworks 
                        into a State prohibiting sale or use).
                          (ix) Section 842(p) of title 18, United 
                        States Code, relating to distribution of 
                        information relating to explosive, destructive 
                        devices, and weapons of mass destruction, but 
                        only if the conviction involved a weapon of 
                        mass destruction (as defined in section 
                        2332a(c)(2) of such title).
                          (x) Subsections (f)(3), (h), or (i) of 
                        section 844 of title 18, United States Code, 
                        relating to the use of fire or an explosive.
                          (xi) Section 924(e) of title 18, United 
                        States Code, relating to unlawful possession of 
                        a firearm by a person with 3 or more 
                        convictions for a violent felony or a serious 
                        drug offense.
                          (xii) Section 1030(a)(1) of title 18, United 
                        States Code, relating to fraud and related 
                        activity in connection with computers.
                          (xiii) Any section of chapter 51 of title 18, 
                        United States Code, relating to homicide, 
                        except for section 1112 (relating to 
                        manslaughter), 1113 (relating to attempt to 
                        commit murder or manslaughter, but only if the 
                        conviction was for an attempt to commit 
                        manslaughter), 1115 (relating to misconduct or 
                        neglect of ship officers), or 1122 (relating to 
                        protection against the human immunodeficiency 
                        virus).
                          (xiv) Any section of chapter 55 of title 18, 
                        United States Code, relating to kidnapping.
                          (xv) Any offense under chapter 77 of title 
                        18, United States Code, relating to peonage, 
                        slavery, and trafficking in persons, except for 
                        sections 1592 through 1596.
                          (xvi) Section 1751 of title 18, United States 
                        Code, relating to Presidential and Presidential 
                        staff assassination, kidnapping, and assault.
                          (xvii) Section 1841(a)(2)(C) of title 18, 
                        United States Code, relating to intentionally 
                        killing or attempting to kill an unborn child.
                          (xviii) Section 1992 of title 18, United 
                        States Code, relating to terrorist attacks and 
                        other violence against railroad carriers and 
                        against mass transportation systems on land, on 
                        water, or through the air.
                          (xix) Section 2113(e) of title 18, United 
                        States Code, relating to bank robbery resulting 
                        in death.
                          (xx) Section 2118(c)(2) of title 18, United 
                        States Code, relating to robberies and 
                        burglaries involving controlled substances 
                        resulting in death.
                          (xxi) Section 2119(3) of title 18, United 
                        States Code, relating to taking a motor vehicle 
                        (commonly referred to as ``carjacking'') that 
                        results in death.
                          (xxii) Any section of chapter 105 of title 
                        18, United States Code, relating to sabotage, 
                        except for section 2152.
                          (xxiii) Any section of chapter 109A of title 
                        18, United States Code, relating to sexual 
                        abuse, except that with regard to section 2244 
                        of such title, only a conviction under 
                        subsection (c) of that section (relating to 
                        abusive sexual contact involving young 
                        children) shall make a prisoner ineligible 
                        under this subparagraph.
                          (xxiv) Section 2251 of title 18, United 
                        States Code, relating to the sexual 
                        exploitation of children.
                          (xxv) Section 2251A of title 18, United 
                        States Code, relating to the selling or buying 
                        of children.
                          (xxvi) Any of paragraphs (1) through (3) of 
                        section 2252(a) of title 18, United States 
                        Code, relating to certain activities relating 
                        to material involving the sexual exploitation 
                        of minors.
                          (xxvii) A second or subsequent conviction 
                        under any of paragraphs (1) through (6) of 
                        section 2252A(a) of title 18, United States 
                        Code, relating to certain activities relating 
                        to material constituting or containing child 
                        pornography.
                          (xxviii) Section 2260 of title 18, United 
                        States Code, relating to the production of 
                        sexually explicit depictions of a minor for 
                        importation into the United States.
                          (xxix) Section 2283 of title 18, United 
                        States Code, relating to the transportation of 
                        explosive, biological, chemical, or radioactive 
                        or nuclear materials.
                          (xxx) Section 2284 of title 18, United States 
                        Code, relating to the transportation of 
                        terrorists.
                          (xxxi) Section 2291 of title 18, United 
                        States Code, relating to the destruction of a 
                        vessel or maritime facility, but only if the 
                        conduct which led to the conviction involved a 
                        substantial risk of death or serious bodily 
                        injury.
                          (xxxii) Any section of chapter 113B of title 
                        18, United States Code, relating to terrorism.
                          (xxxiii) Section 2340A of title 18, United 
                        States Code, relating to torture.
                          (xxxiv) Section 2381 of title 18, United 
                        States Code, relating to treason.
                          (xxxv) Section 2442 of title 18, United 
                        States Code, relating to the recruitment or use 
                        of child soldiers.
                          (xxxvi) Section 57(b) of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2077(b)), relating to 
                        the engagement or participation in the 
                        development or production of special nuclear 
                        material.
                          (xxxvii) Section 92 of the Atomic Energy Act 
                        of 1954 (42 U.S.C. 2122), relating to 
                        prohibitions governing atomic weapons.
                          (xxxviii) Section 101 of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2131), relating to the 
                        atomic energy license requirement.
                          (xxxix) Section 224 or 225 of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2274, 2275), 
                        relating to the communication or receipt of 
                        restricted data.
                          (xl) Section 236 of the Atomic Energy Act of 
                        1954 (42 U.S.C. 2284), relating to the sabotage 
                        of nuclear facilities or fuel.
                          (xli) Section 60123(b) of title 49, United 
                        States Code, relating to damaging or destroying 
                        a pipeline facility, but only if the conduct 
                        which led to the conviction involved a 
                        substantial risk of death or serious bodily 
                        injury.
                          (xlii) Section 401(a) of the Controlled 
                        Substances Act (21 U.S.C. 841), relating to 
                        manufacturing or distributing a controlled 
                        substance, but only in the case of a conviction 
                        for an offense described in subparagraphs (A), 
                        (B), or (C) of subsection (b)(1) of that 
                        section for which death or serious bodily 
                        injury resulted from the use of such substance.
                          (xliii) Section 276(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1326), relating to 
                        the reentry of a removed alien, but only if the 
                        alien is described in paragraph (1) or (2) of 
                        subsection (b) of that section.
                          (xliv) Any section of the Export 
                        Administration Act of 1979 (50 U.S.C. App. 2401 
                        et seq.).
                          (xlv) Section 206 of the International 
                        Emergency Economic Powers Act (50 U.S.C. 1705).
                          (xlvi) Section 601 of the National Security 
                        Act of 1947 (50 U.S.C. 3121), relating to the 
                        protection of identities of certain United 
                        States undercover intelligence officers, 
                        agents, informants, and sources.
                          (xlvii) An offense described in section 
                        3559(c)(2)(F) of title 18, United States Code, 
                        for which the offender was sentenced to a term 
                        of imprisonment of more than one year, if the 
                        offender has a previous conviction, for which 
                        the offender served a term of imprisonment of 
                        more than one year, for a Federal or State 
                        offense, by whatever designation and wherever 
                        committed, consisting of murder (as described 
                        in section 1111 of title 18, United States 
                        Code), voluntary manslaughter (as described in 
                        section 1112 of title 18, United States Code), 
                        assault with intent to commit murder (as 
                        described in section 113(a) of title 18, United 
                        States Code), aggravated sexual abuse and 
                        sexual abuse (as described in sections 2241 and 
                        2242 of title 18, United States Code), abusive 
                        sexual contact (as described in sections 
                        2244(a)(1) and (a)(2) of title 18, United 
                        States Code), kidnapping (as described in 
                        chapter 55 of title 18, United States Code), 
                        carjacking (as described in section 2119 of 
                        title 18, United States Code), arson (as 
                        described in section 844(f)(3), (h), or (i) of 
                        title 18, United States Code), or terrorism (as 
                        described in chapter 113B of title 18, United 
                        States Code).
                          (xlviii) A third or subsequent conviction for 
                        a drug trafficking offense, unless the prisoner 
                        did not have a meaningful opportunity to 
                        participate in the recidivism reduction 
                        programming described in this title for one of 
                        the previous convictions.
          (3) Risk reassessments and level adjustment.--A prisoner who 
        successfully participates in recidivism reduction programming 
        or productive activities shall receive periodic risk 
        reassessments not less than annually, and prisoners determined 
        to be at a greater risk of recidivating and who have less than 
        5 years until their projected release date shall receive more 
        frequent risk reassessments. If the reassessment shows that the 
        prisoner's risk of recidivating or specific needs have changed, 
        the Bureau of Prisons shall update the determination of the 
        prisoner's risk of recidivating or information regarding the 
        prisoner's specific needs and reassign the prisoner to 
        appropriate recidivism reduction programming or productive 
        activities based on such changes.
          (4) Relation to other incentive programs.--The incentives 
        described in this subsection shall be in addition to any other 
        rewards or incentives for which a prisoner may be eligible.
  (f) Penalties.--The System shall provide guidelines for the Bureau of 
Prisons to reduce rewards and incentives earned under subsection (e) 
for prisoners who violate prison, recidivism reduction program, or 
productive activity rules, which shall provide--
          (1) general levels of violations and resulting reductions;
          (2) that any reduction that includes the forfeiture of time 
        credits shall be limited to time credits that a prisoner earned 
        as of the date of the prisoner's rule violation, and shall not 
        include any future time credits that the prisoner may earn; and
          (3) guidelines for the Bureau of Prisons to establish a 
        procedure to restore time credits that a prisoner forfeited as 
        a result of a rule violation based on the prisoner's individual 
        progress after the date of the rule violation.
  (g) Bureau of Prisons Training.--The Attorney General shall develop 
training programs for Bureau of Prisons officials and employees 
responsible for administering the System, which shall include--
          (1) initial training to educate employees and officials on 
        how to use the System in an appropriate and consistent manner, 
        as well as the reasons for using the System;
          (2) continuing education; and
          (3) periodic training updates.
  (h) Quality Assurance.--In order to ensure that the Bureau of Prisons 
is using the System in an appropriate and consistent manner, the 
Attorney General shall monitor and assess the use of the System, which 
shall include conducting periodic audits of the Bureau of Prisons 
regarding the use of the System.

SEC. 104. RECIDIVISM REDUCTION PROGRAM AND PRODUCTIVE ACTIVITY 
                    RECOMMENDATIONS.

  The Attorney General shall--
          (1) review the effectiveness of recidivism reduction programs 
        and productive activities that exist as of the date of the 
        enactment of this title in prisons operated by the Bureau of 
        Prisons;
          (2) review available information regarding the effectiveness 
        of recidivism reduction programs and productive activities that 
        exist in State-operated prisons throughout the United States;
          (3) using evidence-based data, identify the most effective 
        recidivism reduction programs;
          (4) review the administrative process for entering into 
        recidivism reduction partnerships described in section 
        3621(h)(5) of title 18, United States Code, as added by this 
        title; and
          (5) make recommendations to the Bureau of Prisons regarding--
                  (A) the expansion of programming and activity 
                capacity and the replication of effective programs and 
                activities described in paragraph (1); and
                  (B) the addition of any new effective programs and 
                activities that the Attorney General finds, using the 
                methods described in section 102(c), would help to 
                reduce recidivism.

SEC. 105. REPORT.

  Beginning on the date that is one year after the date of the 
enactment of this Act, and annually thereafter for a period of 7 years, 
the Attorney General shall submit a report to the Committees on the 
Judiciary of the Senate and the House of Representatives and the 
Subcommittees on Commerce, Justice, Science, and Related Agencies of 
the Committees on Appropriations of the Senate and the House of 
Representatives that contains the following:
          (1) A summary of the activities and accomplishments of the 
        Attorney General in carrying out this Act.
          (2) A summary and assessment of the types and effectiveness 
        of the recidivism reduction programs and productive activities 
        in prisons operated by the Bureau of Prisons, including--
                  (A) evidence about which programs and activities have 
                been shown to reduce recidivism;
                  (B) the capacity of each program and activity at each 
                prison, including the number of prisoners along with 
                the recidivism risk of each prisoner enrolled in each 
                program; and
                  (C) identification of any gaps or shortages in 
                capacity of such programs and activities.
          (3) An assessment of the Bureau of Prisons' compliance with 
        section 3621(h) of title 18, United States Code.
          (4) An assessment of progress made toward carrying out the 
        purposes of this Act, including any savings associated with--
                  (A) the transfer of prisoners into prerelease custody 
                under section 3624(g) of title 18, United States Code, 
                as added by this title; and
                  (B) any decrease in recidivism that may be attributed 
                to the implementation of the System or the increase in 
                recidivism reduction programs and productive activities 
                required by this title and the amendments made by this 
                title.

SEC. 106. USE OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF PRISONS.

  (a) Implementation of System Generally.--Section 3621 of title 18, 
United States Code, is amended by adding at the end the following:
  ``(h) Post-Sentencing Risk and Needs Assessment System.--
          ``(1) In general.--Not later than 180 days after the Attorney 
        General completes and releases the Post-Sentencing Risk and 
        Needs Assessment System (referred to in this subsection as the 
        `System') developed under the Recidivism Risk Reduction Act, 
        the Bureau of Prisons shall--
                  ``(A) implement the System and complete a risk and 
                needs assessment for each prisoner (as such term is 
                defined in section 107 of the Recidivism Risk Reduction 
                Act), regardless of the prisoner's length of imposed 
                term of imprisonment; and
                  ``(B) expand the effective recidivism reduction 
                programs (as such term is defined under section 107 of 
                the Recidivism Risk Reduction Act) and productive 
                activities it offers and add any new recidivism 
                reduction programs and productive activities necessary 
                to effectively implement the System, and in accordance 
                with the recommendations made by the Attorney General 
                under section 104 of that Act and with paragraph (2).
          ``(2) Phase-in.--In order to carry out paragraph (1), so that 
        every prisoner has the opportunity to participate in and 
        complete the kind and amount of recidivism reduction 
        programming or productive activities necessary to effectively 
        implement the System and that the Attorney General recommends, 
        the Bureau of Prisons shall, subject to the availability of 
        appropriations, provide such recidivism reduction programs and 
        productive activities--
                  ``(A) for not less than 20 percent of prisoners 
                before the date that is one year after the date on 
                which the Bureau of Prisons completes the risk and 
                needs assessments under paragraph (1)(A);
                  ``(B) for not less than 40 percent of prisoners 
                before the date that is 2 years after the date on which 
                the Bureau of Prisons completes the risk and needs 
                assessments under paragraph (1)(A);
                  ``(C) for not less than 60 percent of prisoners 
                before the date that is 3 years after the date on which 
                the Bureau of Prisons completes the risk and needs 
                assessments under paragraph (1)(A);
                  ``(D) for not less than 80 percent of prisoners 
                before the date that is 4 years after the date on which 
                the Bureau of Prisons completes the risk and needs 
                assessments under paragraph (1)(A); and
                  ``(E) for all prisoners before the date that is 5 
                years after the date on which the Bureau of Prisons 
                completes a risk and needs assessment for each prisoner 
                under paragraph (1)(A) and thereafter.
          ``(3) Priority during phase-in.--During the phase-in period 
        described in paragraph (2), the priority for such programs and 
        activities shall be accorded based on a prisoner's proximity to 
        release date.
          ``(4) Preliminary expansion of recidivism reduction programs 
        and authority to use incentives.--Beginning on the date of the 
        enactment of the Recidivism Risk Reduction Act, the Bureau of 
        Prisons may begin to expand any recidivism reduction programs 
        and productive activities that exist at a prison as of such 
        date, and may offer to prisoners who successfully participate 
        in such programming and activities the incentives and rewards 
        described in 103(e) of such Act.
          ``(5) Recidivism reduction partnerships.--In order to expand 
        recidivism reduction programs and productive activities, the 
        Bureau of Prisons shall develop policies for the warden of each 
        prison to enter into partnerships, subject to the availability 
        of appropriations, with any of the following:
                  ``(A) Nonprofit and other private organizations, 
                including faith-based, art, and community-based 
                organizations that will deliver recidivism reduction 
                programming on a paid or volunteer basis.
                  ``(B) Institutions of higher education (as defined in 
                section 101 of the Higher Education Act of 1965 20 
                U.S.C. 1001) that will deliver instruction on a paid or 
                volunteer basis.
                  ``(C) Private entities that will--
                          ``(i) deliver vocational training and 
                        certifications;
                          ``(ii) provide equipment to facilitate 
                        vocational training or employment opportunities 
                        for prisoners;
                          ``(iii) employ prisoners; or
                          ``(iv) assist prisoners in prerelease custody 
                        or supervised release in finding employment.
                  ``(D) Industry-sponsored organizations that will 
                deliver workforce development and training, on a paid 
                or volunteer basis.''.
  (b) Prerelease Custody.--
          (1) In general.--Section 3624 of title 18, United States 
        Code, is amended--
                  (A) in subsection (b)(1), by striking ``credit for 
                the last year or portion of a year of the term of 
                imprisonment shall be prorated and credited within the 
                last six weeks of the sentence'' and inserting ``credit 
                for the last year of a term of imprisonment shall be 
                credited on the first day of the last year of the term 
                of imprisonment''; and
                  (B) by adding at the end the following:
  ``(g) Prerelease Custody for Risk and Needs Assessment System 
Participants.--
          ``(1) Eligible prisoners.--
                  ``(A) In general.--This subsection applies in the 
                case of a prisoner (as such term is defined in section 
                107 of the Recidivism Risk Reduction Act) who--
                          ``(i) has earned time credits under the Post-
                        Sentencing Risk and Needs Assessment System 
                        developed under the Recidivism Risk Reduction 
                        Act (referred to in this subsection as the 
                        `System') in an amount that is equal to the 
                        remainder of the prisoner's imposed term of 
                        imprisonment;
                          ``(ii) has been classified by the warden of 
                        the prison as otherwise qualified to be 
                        transferred into prerelease custody; and
                          ``(iii) except as provided in subparagraph 
                        (B), has not been determined under the System 
                        to be more likely than not to recidivate.
                  ``(B) Exception.--
                          ``(i) Reconsideration by warden.--The warden 
                        of a prison shall, not later than 30 days after 
                        receiving from a prisoner who was determined 
                        under the System to be more likely than not to 
                        recidivate, but who is otherwise eligible for 
                        prerelease custody under this subsection, a 
                        request for reconsideration of the 
                        determination under the System that the 
                        prisoner is more likely than not to recidivate, 
                        review such prisoner's request, and either 
                        submit a recommendation under paragraph (2), or 
                        notify the prisoner in writing that the warden 
                        has reviewed the prisoner's request and made a 
                        determination not to submit a recommendation 
                        under paragraph (2).
                          ``(ii) Reconsideration by director.--In the 
                        case that the warden of a prison does not 
                        submit a recommendation or notify a prisoner 
                        under clause (i) during the time period 
                        described in that clause, the prisoner may 
                        submit such a request for reconsideration to 
                        the Director of the Bureau of Prisons, who 
                        shall, not later than 60 days after receiving 
                        such a request, review the request, and either 
                        submit a recommendation under paragraph (2), or 
                        notify the prisoner in writing that the 
                        Director has reviewed the prisoner's request 
                        and made a determination not to submit a 
                        recommendation under paragraph (2).
                          ``(iii) Submission to court.--In the case 
                        that the Director does not submit a 
                        recommendation or notify a prisoner under 
                        clause (ii) during the time period described in 
                        that clause, the prisoner may submit such a 
                        request for reconsideration to the United 
                        States district court in which the prisoner was 
                        convicted. Upon making a determination after 
                        the review of a request under this clause, the 
                        court shall submit such determination to the 
                        Director and to the warden.
          ``(2) Recommendation process.--
                  ``(A) Submission of recommendation.--The warden of 
                the prison, or the Director of the Bureau of Prisons, 
                as applicable, shall submit a recommendation that the 
                prisoner be transferred into prerelease custody to the 
                United States district court in which the prisoner was 
                convicted.
                  ``(B) Approval or denial.--
                          ``(i) In general.--Not later than 30 days 
                        after the submission of a recommendation under 
                        subparagraph (A), a judge for such court shall 
                        approve or deny the recommendation, except that 
                        a judge may only deny such a recommendation if 
                        the judge finds by clear and convincing 
                        evidence that the prisoner should not be 
                        transferred into prerelease custody based only 
                        on evidence of the prisoner's actions after the 
                        conviction of such prisoner and not based on 
                        evidence from the underlying conviction, and 
                        submits a detailed written statement regarding 
                        such finding to the warden of the prison who 
                        recommended that the prisoner be transferred 
                        into prerelease custody.
                          ``(ii) Hearing.--The court may hold a hearing 
                        in order to make a determination under clause 
                        (i). The prisoner shall have the right to be 
                        present at the hearing, which right may be 
                        satisfied through the use of video 
                        teleconference.
                          ``(iii) Failure to deny treated as 
                        approval.--The failure of a judge to approve or 
                        deny a recommendation to transfer at the end of 
                        the 30-day period described in clause (i) shall 
                        be treated as an approval of such 
                        recommendation.
          ``(3) Placement of prisoner in prerelease custody.--Upon the 
        approval of a recommendation under paragraph (2)(B)(i), or 30 
        days after the warden or the Director submits a recommendation 
        under paragraph (2)(A), whichever occurs earlier, the prisoner 
        shall be placed in prerelease custody in accordance with this 
        subsection.
          ``(4) Types of prerelease custody.--A prisoner may be placed 
        in prerelease custody as follows:
                  ``(A) Home confinement.--
                          ``(i) In general.--A prisoner placed in 
                        prerelease custody pursuant to this subsection 
                        who is placed in home confinement shall--
                                  ``(I) be subject to 24-hour 
                                electronic monitoring that enables the 
                                prompt identification of any violation 
                                of subclause (II);
                                  ``(II) remain in the prisoner's 
                                residence, except that the prisoner may 
                                leave the prisoner's home in order to, 
                                subject to the approval of the Director 
                                of the Bureau of Prisons--
                                          ``(aa) perform a job or job-
                                        related activities, including 
                                        an apprenticeship, or 
                                        participate in job-seeking 
                                        activities;
                                          ``(bb) participate in 
                                        recidivism reduction 
                                        programming or productive 
                                        activities assigned by the 
                                        System, or similar activities;
                                          ``(cc) perform community 
                                        service;
                                          ``(dd) participate in crime 
                                        victim restoration activities;
                                          ``(ee) receive medical 
                                        treatment; or
                                          ``(ff) attend religious 
                                        activities; and
                                  ``(III) comply with such other 
                                conditions as the Director determines 
                                appropriate.
                          ``(ii) Alternate means of monitoring.--If the 
                        electronic monitoring of a prisoner described 
                        in clause (i)(I) is infeasible for technical or 
                        religious reasons, the Director of the Bureau 
                        of Prisons may use alternative means of 
                        monitoring a prisoner placed in home 
                        confinement that the Director determines are as 
                        effective or more effective than the electronic 
                        monitoring described in clause (i)(I).
                          ``(iii) Modifications.--The Director of the 
                        Bureau of Prisons may modify the conditions 
                        described in clause (i) if the Director 
                        determines that a compelling reason exists to 
                        do so, and that the prisoner has demonstrated 
                        exemplary compliance with such conditions.
                          ``(iv) Duration.--Except as provided in 
                        paragraph (6), a prisoner who is placed in home 
                        confinement shall remain in home confinement 
                        until the prisoner has served not less than 85 
                        percent of the prisoner's imposed term of 
                        imprisonment.
                  ``(B) Community supervision.--A prisoner placed in 
                prerelease custody pursuant to this subsection who is 
                placed on community supervision--
                          ``(i) shall be subject to such conditions as 
                        the Director of the Bureau of Prisons 
                        determines appropriate;
                          ``(ii) may remain on community supervision 
                        until the conclusion of the prisoner's 
                        sentence; and
                          ``(iii) may only be placed on community 
                        supervision if the duration of the prisoner's 
                        eligibility for community supervision is equal 
                        to or longer than the duration of the 
                        prisoner's remaining period of prerelease 
                        custody.
                  ``(C) Residential reentry center.--A prisoner placed 
                in prerelease custody pursuant to this subsection who 
                is placed at a residential reentry center shall be 
                subject to such conditions as the Director of the 
                Bureau of Prisons determines appropriate.
          ``(5) Determination of conditions.--In determining 
        appropriate conditions for prisoners placed in prerelease 
        custody pursuant to this subsection, the Director of the Bureau 
        of Prisons shall, to the extent practicable, provide that 
        increasingly less restrictive conditions shall be imposed on 
        prisoners who demonstrate continued compliance with the 
        conditions of such prerelease custody, so as to most 
        effectively prepare such prisoners for reentry.
          ``(6) Violations of conditions.--If a prisoner violates a 
        condition of the prisoner's prerelease custody, the Director of 
        the Bureau of Prisons may revoke the prisoner's prerelease 
        custody and require the prisoner to serve the remainder of the 
        term of imprisonment to which the prisoner was sentenced, or 
        any portion thereof, in prison, or impose such additional 
        conditions on the prisoner's prerelease custody as the Director 
        of the Bureau of Prisons determines appropriate.
          ``(7) Issuance of guidelines.--The Attorney General, in 
        consultation with the Assistant Director for the Office of 
        Probation and Pretrial Services, shall issue guidelines, for 
        use by the Bureau of Prisons in determining--
                  ``(A) appropriate type of prerelease custody and 
                level of supervision for a prisoner placed on 
                prerelease custody pursuant to this subsection; and
                  ``(B) consequences for a violation of a condition of 
                such prerelease custody by such a prisoner, including a 
                return to prison and a reassessment of recidivism risk 
                level under the System.
          ``(8) Agreements with united states probation and pretrial 
        services.--The Director of the Bureau of Prisons shall, to the 
        greatest extent practicable, enter into agreements with the 
        United States Probation and Pretrial Services to supervise 
        prisoners placed in home confinement or community supervision 
        under this subsection.  Such agreements shall--
                  ``(A) authorize United States Probation and Pretrial 
                Services to exercise the authority granted to the 
                Director pursuant to paragraphs (4) and (5);
                  ``(B) take into account the resource requirements of 
                United States Probation and Pretrial Services as a 
                result of the transfer of Bureau of Prisons prisoners 
                to prerelease custody; and
                  ``(C) provide for the transfer of such funds as may 
                be necessary to comply with such requirements.
          ``(9) Assistance.--United States Probation and Pretrial 
        Services shall, to the greatest extent practicable, offer 
        assistance to any prisoner not under its supervision during 
        prerelease custody under this subsection.
          ``(10) Time limits inapplicable.--The time limits under 
        subsections (b) and (c) shall not apply to prerelease custody 
        under this subsection.
  ``(h) Alien Prisoners.--If a prisoner who is placed in prerelease 
custody is an alien whose deportation was ordered as a condition of 
such prerelease custody or who is subject to a detainer filed by United 
States Immigration and Customs Enforcement for the purposes of 
determining the alien's deportability, United States Immigration and 
Customs Enforcement shall take custody of the alien upon the alien's 
transfer to prerelease custody.''.
          (2) Effective date.--The amendments made by this subsection 
        shall take effect beginning on the date that the Attorney 
        General completes and releases the Post-Sentencing Risk and 
        Needs Assessment System.

SEC. 107. DEFINITIONS.

  In this Act the following definitions apply:
          (1) Risk and needs assessment tool.--The term ``risk and 
        needs assessment tool'' means an objective and statistically 
        validated method through which information is collected and 
        evaluated to determine--
                  (A) the risk that a prisoner will recidivate upon 
                release from prison; and
                  (B) the recidivism reduction programs that will best 
                minimize the risk that the prisoner will recidivate 
                upon release from prison.
          (2) Recidivism reduction program.--The term ``recidivism 
        reduction program'' means either a group or individual activity 
        that--
                  (A) has been shown by empirical evidence to reduce 
                recidivism or is based on research indicating that it 
                is likely to be effective in reducing recidivism;
                  (B) is designed to help prisoners succeed in their 
                communities upon release from prison; and
                  (C) may include--
                          (i) social learning and communication, 
                        interpersonal, anti-bullying, rejection 
                        response, and other life skills;
                          (ii) family relationship building, structured 
                        parent-child interaction, and parenting skills;
                          (iii) classes on morals or ethics;
                          (iv) academic classes;
                          (v) cognitive behavioral treatment;
                          (vi) mentoring;
                          (vii) substance abuse treatment;
                          (viii) vocational training;
                          (ix) faith-based classes or services;
                          (x) civic engagement and reintegrative 
                        community services;
                          (xi) a prison job; or
                          (xii) victim impact classes or other 
                        restorative justice programs.
          (3) Productive activity.--The term ``productive activity'' 
        means either a group or individual activity that is designed to 
        allow prisoners determined as having a low or no risk of 
        recidivating to remain productive and thereby maintain a low or 
        no risk of recidivating, and may include the delivery of the 
        programs described in paragraph (2) to other prisoners.
          (4) Prisoner.--The term ``prisoner'' means a person who has 
        been sentenced to a term of imprisonment pursuant to a 
        conviction for a Federal criminal offense, or a person in the 
        custody of the Bureau of Prisons, including a person in a 
        Bureau of Prisons contracted facility.
          (5) Time credit.--The term ``time credit'' means the 
        equivalent of one day of a prisoner's sentence, such that a 
        prisoner shall be eligible for one day of prerelease custody 
        for each credit earned.
          (6) Drug trafficking offense.--The term ``drug trafficking 
        offense'' means any crime punishable under Federal, State, or 
        local law that prohibits the manufacture, import, export, 
        distribution, dispensing of, or offer to sell a controlled 
        substance or counterfeit substance (as such terms are defined 
        in section 102 of the Controlled Substances Act (21 U.S.C. 
        802)) or the possession of a controlled substance or 
        counterfeit substance with intent to manufacture, import, 
        export, distribute, or dispense.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to carry out 
this Act $50,000,000 for each of fiscal years 2017 through 2021. Of the 
amount appropriated under this subsection, 80 percent shall be reserved 
for use by the Director of the Bureau of Prisons to implement the 
System under section 106 and the amendments made by that section.
  (b) Sense of Congress.--It is the sense of Congress that any savings 
associated with reducing recidivism and reducing the prison population 
that result from this title should be reinvested into further expansion 
of recidivism reduction programs and productive activities by the 
Bureau of Prisons.

SEC. 109. RULE OF CONSTRUCTION.

  Nothing in this Act, or the amendments made by this Act, may be 
construed to provide authority to place a prisoner on prerelease 
custody who is serving a term of imprisonment pursuant to a conviction 
for an offense under the laws of one of the 50 States, or of a 
territory or possession of the United States.

         TITLE II--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

SEC. 201. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD OF PREGNANCY 
                    AND POSTPARTUM RECOVERY PROHIBITED.

  (a) In General.--Chapter 317 of title 18, United States Code, is 
amended by inserting after section 4321 the following:

``Sec. 4322. Use of restraints on prisoners during the period of 
                    pregnancy, labor, and postpartum recovery 
                    prohibited

  ``(a) Prohibition.--Except as provided in subsection (b), beginning 
on the date on which pregnancy is confirmed by a healthcare 
professional, and ending at the conclusion of postpartum recovery, a 
prisoner in the custody of the Bureau of Prisons, or in the custody of 
the United States Marshals Service pursuant to section 4086, shall not 
be placed in restraints.
  ``(b) Exceptions.--
          ``(1) In general.--The prohibition under subsection (a) shall 
        not apply if--
                  ``(A) an appropriate corrections official, or a 
                United States marshal, as applicable, makes a 
                determination that the prisoner--
                          ``(i) is an immediate and credible flight 
                        risk that cannot reasonably be prevented by 
                        other means; or
                          ``(ii) poses an immediate and serious threat 
                        of harm to herself or others that cannot 
                        reasonably be prevented by other means; or
                  ``(B) a health care professional responsible for the 
                health and safety of the prisoner determines that the 
                use of restraints is appropriate for the medical safety 
                of the prisoner.
          ``(2) Least restrictive restraints.--In the case that 
        restraints are used pursuant to an exception under paragraph 
        (1), only the least restrictive restraints necessary to prevent 
        the harm or risk of escape described in paragraph (1) may be 
        used.
          ``(3) Application.--
                  ``(A) In general.--The exceptions under paragraph (1) 
                may not be applied--
                          ``(i) to place restraints around the ankles, 
                        legs, or waist of a prisoner;
                          ``(ii) to restrain a prisoner's hands behind 
                        her back;
                          ``(iii) to restrain a prisoner using four-
                        point restraints; or
                          ``(iv) to attach a prisoner to another 
                        prisoner.
                  ``(B) Medical request.--Notwithstanding paragraph 
                (1), upon the request of a healthcare professional who 
                is responsible for the health and safety of a prisoner, 
                a corrections official or United States marshal, as 
                applicable, shall refrain from using restraints on the 
                prisoner or remove restraints used on the prisoner.
  ``(c) Reports.--
          ``(1) Report to the director and healthcare professional.--If 
        a corrections official or United States marshal uses restraints 
        on a prisoner under subsection (b)(1), that official or marshal 
        shall submit, not later than 30 days after placing the prisoner 
        in restraints, to the Director of the Bureau of Prisons or the 
        Director of the United States Marshals Service, as applicable, 
        and to the healthcare professional responsible for the health 
        and safety of the prisoner, a written report which describes 
        the facts and circumstances surrounding the use of restraints, 
        and includes--
                  ``(A) the reasoning upon which the determination to 
                use restraints was made;
                  ``(B) the details of the use of restraints, including 
                the type of restraints used and length of time during 
                which restraints were used; and
                  ``(C) any resulting physical effects on the prisoner 
                observed by or known to the corrections official or 
                United States marshal, as applicable.
          ``(2) Supplemental report to the director.--Upon receipt of a 
        report under subsection (c)(1), the healthcare professional 
        responsible for the health and safety of the prisoner may 
        submit to the Director such information as the healthcare 
        professional determines is relevant to the use of restraints on 
        the prisoner.
          ``(3) Report to judiciary committees.--
                  ``(A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Director of the Bureau of Prisons and the Director 
                of the United States Marshals Service shall each submit 
                to the Judiciary Committee of the Senate and of the 
                House of Representatives a report that certifies 
                compliance with this section and includes the 
                information required to be reported under paragraph 
                (1).
                  ``(B) Personally identifiable information.--The 
                report under this paragraph shall not contain any 
                personally identifiable information of any prisoner.
  ``(d) Notice.--Not later than 48 hours after the confirmation of a 
prisoner's pregnancy by a health care professional, that prisoner shall 
be notified by an appropriate health care professional, corrections 
official, or United States marshal, as applicable, of the restrictions 
on the use of restraints under this section.
  ``(e) Violation Reporting Process.--The Director of the Bureau of 
Prisons, in consultation with the Director of the United States 
Marshals Service, shall establish a process through which a prisoner 
may report a violation of this section.
  ``(f) Training.--
          ``(1) In general.--The Director of the Bureau of Prisons and 
        the Director of the United States Marshals Service shall each 
        develop training guidelines regarding the use of restraints on 
        female prisoners during the period of pregnancy, labor, and 
        postpartum recovery, and shall incorporate such guidelines into 
        appropriate training programs. Such training guidelines shall 
        include--
                  ``(A) how to identify certain symptoms of pregnancy 
                that require immediate referral to a health care 
                professional;
                  ``(B) circumstances under which the exceptions under 
                subsection (b) would apply;
                  ``(C) in the case that an exception under subsection 
                (b) applies, how to apply restraints in a way that does 
                not harm the prisoner, the fetus, or the neonate;
                  ``(D) the information required to be reported under 
                subsection (c); and
                  ``(E) the right of a health care professional to 
                request that restraints not be used, and the 
                requirement under subsection (b)(3)(B) to comply with 
                such a request.
          ``(2) Development of guidelines.--In developing the 
        guidelines required by paragraph (1), the Directors shall each 
        consult with health care professionals with expertise in caring 
        for women during the period of pregnancy and postpartum 
        recovery.
  ``(g) Definitions.--For purposes of this section:
          ``(1) The term `postpartum recovery' means the six-week 
        period, or longer as determined by the healthcare professional 
        responsible for the health and safety of the prisoner, 
        following delivery, and shall include the entire period that 
        the prisoner is in the hospital or infirmary.
          ``(2) The term `restraints' means any physical or mechanical 
        device used to control the movement of a prisoner's body, 
        limbs, or both.
          ``(3) The term `prisoner' means a person who has been 
        sentenced to a term of imprisonment pursuant to a conviction 
        for a Federal criminal offense, or a person in the custody of 
        the Bureau of Prisons, including a person in a Bureau of 
        Prisons contracted facility.''.
  (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 317 of title 18, United States Code, is amended by adding after 
the item relating to section 4321 the following:

``4322. Use of restraints on prisoners during the period of pregnancy, 
labor, and postpartum recovery prohibited.''.

      TITLE III--BUREAU OF PRISONS USE OF OLEORESIN CAPSICUM SPRAY

SEC. 301. SHORT TITLE.

  This title may be cited as the ``Eric Williams Correctional Officer 
Protection Act of 2016''.

SEC. 302. OFFICERS AND EMPLOYEES OF THE BUREAU OF PRISONS AUTHORIZED TO 
                    CARRY OLEORESIN CAPSICUM SPRAY.

  (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 4049. Officers and employees of the Bureau of Prisons authorized 
                    to carry oleoresin capsicum spray

  ``(a) In General.--The Director of the Bureau of Prisons shall issue, 
on a routine basis, oleoresin capsicum spray to--
          ``(1) any officer or employee of the Bureau of Prisons who--
                  ``(A) is employed in a prison that is not a minimum 
                or low security prison; and
                  ``(B) may respond to an emergency situation in such a 
                prison; and
          ``(2) to such additional officers and employees of prisons as 
        the Director determines appropriate, in accordance with this 
        section.
  ``(b) Training Requirement.--
          ``(1) In general.--In order for an officer or employee of the 
        Bureau of Prisons, including a correctional officer, to be 
        eligible to receive and carry oleoresin capsicum spray pursuant 
        to this section, the officer or employee shall complete a 
        training course before being issued such spray, and annually 
        thereafter, on the use of oleoresin capsicum spray.
          ``(2) Transferability of training.--An officer or employee of 
        the Bureau of Prisons who completes a training course pursuant 
        to paragraph (1) and subsequently transfers to employment at a 
        different prison, shall not be required to complete an 
        additional training course solely due such transfer.
          ``(3) Training conducted during regular employment.--An 
        officer or employee of the Bureau of Prisons who completes a 
        training course required under paragraph (1) shall do so during 
        the course of that officer or employee's regular employment, 
        and shall be compensated at the same rate that the officer or 
        employee would be compensated for conducting the officer or 
        employee's regular duties.
  ``(c) Use of Oleoresin Capsicum Spray.--Officers and employees of the 
Bureau of Prisons issued oleoresin capsicum spray pursuant to 
subsection (a) may use such spray to reduce acts of violence--
          ``(1) committed by prisoners against themselves, other 
        prisoners, prison visitors, and officers and employees of the 
        Bureau of Prisons; and
          ``(2) committed by prison visitors against themselves, 
        prisoners, other visitors, and officers and employees of the 
        Bureau of Prisons.''.
  (b) Clerical Amendment.--The table of sections for chapter 303 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 4048 the following:

``4049. Officers and employees of the Bureau of Prisons authorized to 
carry oleoresin capsicum spray.''.

SEC. 303. GAO REPORT.

  Not later than the date that is 3 years after the date on which the 
Director of the Bureau of Prisons begins to issue oleoresin capsicum 
spray to officers and employees of the Bureau of Prisons pursuant to 
section 4049 of title 18, United States Code (as added by this title), 
the Comptroller General of the United States shall submit to Congress a 
report that includes the following:
          (1) An evaluation of the effectiveness of issuing oleoresin 
        capsicum spray to officers and employees of the Bureau of 
        Prisons in prisons that are not minimum or low security prisons 
        on--
                  (A) reducing crime in such prisons; and
                  (B) reducing acts of violence committed by prisoners 
                against themselves, other prisoners, prison visitors, 
                and officers and employees of the Bureau of Prisons in 
                such prisons.
          (2) An evaluation of the advisability of issuing oleoresin 
        capsicum spray to officers and employees of the Bureau of 
        Prisons in prisons that are minimum or low security prisons, 
        including--
                  (A) the effectiveness that issuing such spray in such 
                prisons would have on reducing acts of violence 
                committed by prisoners against themselves, other 
                prisoners, prison visitors, and officers and employees 
                of the Bureau of Prisons in such prisons; and
                  (B) the cost of issuing such spray in such prisons.
          (3) Recommendations to improve the safety of officers and 
        employees of the Bureau of Prisons in prisons.

          TITLE IV--BUREAU OF PRISONS SECURE FIREARMS STORAGE

SEC. 401. SHORT TITLE.

  This title may be cited as the ``Lieutenant Osvaldo Albarati 
Correctional Officer Self-Protection Act of 2016''.

SEC. 402. FINDINGS.

  Congress finds that--
          (1) the Law Enforcement Officers Safety Act of 2004 (Public 
        Law 108-277; 118 Stat. 865) gives certain law enforcement 
        officers, including certain correctional officers of the Bureau 
        of Prisons, the right to carry a concealed firearm in all 50 
        States for self-protection;
          (2) the purpose of that Act is to allow certain law 
        enforcement officers to protect themselves while off duty;
          (3) correctional officers of the Bureau of Prisons have been 
        the targets of assaults and murders while off duty; and
          (4) while that Act allows certain law enforcement officers to 
        protect themselves off duty, the Director of the Bureau of 
        Prisons allows correctional officers of the Bureau of Prisons 
        to securely store personal firearms at only 33 Federal penal 
        and correctional institutions while at work.

SEC. 403. SECURE FIREARMS STORAGE.

  (a) In General.--Chapter 303 of title 18, United States Code, as 
amended by this Act, is further amended by adding at the end the 
following:

``Sec. 4050. Secure firearms storage

  ``(a) Definitions.--In this section--
          ``(1) the term `employee' means a qualified law enforcement 
        officer employed by the Bureau of Prisons; and
          ``(2) the terms `firearm' and `qualified law enforcement 
        officer' have the meanings given those terms under section 
        926B.
  ``(b) Secure Firearms Storage.--The Director of the Bureau of Prisons 
shall ensure that each chief executive officer of a Federal penal or 
correctional institution--
          ``(1)(A) provides a secure storage area located outside of 
        the secure perimeter of the institution for employees to store 
        firearms; or
          ``(B) allows employees to store firearms in a vehicle lockbox 
        approved by the Director of the Bureau of Prisons; and
          ``(2) notwithstanding any other provision of law, allows 
        employees to carry concealed firearms on the premises outside 
        of the secure perimeter of the institution.''.
  (b) Technical and Conforming Amendment.--The table of sections for 
chapter 303 of title 18, United States Code, as amended by this Act, is 
further amended by adding at the end the following:

``4050. Secure firearms storage.''.

                         TITLE V--MISCELLANEOUS

SEC. 501. DE-ESCALATION TRAINING.

  Beginning not later than 1 year after the date of the enactment of 
this Act, the Director of the Bureau of Prisons shall incorporate into 
training programs provided to officers and employees of the Bureau of 
Prisons (including officers and employees of an organization with which 
the Bureau of Prisons has a contract to provide services relating to 
imprisonment) specialized and comprehensive training in procedures to--
          (1) de-escalate encounters between a law enforcement officer 
        or an officer or employee of the Bureau of Prisons, and a 
        civilian or a prisoner (as such term is defined in section 107 
        of this Act); and
          (2) identify and appropriately respond to incidents that 
        involve the unique needs of individuals who have a mental 
        illness or cognitive deficit.

SEC. 502. MEDICATION-ASSISTED TREATMENT FOR OPIOID AND HEROIN ABUSE.

  (a) Report on Medication-Assisted Treatment for Opioid and Heroin 
Abuse.--Not later than 90 days after the date of the enactment of this 
Act, the Director of the Bureau of Prisons shall submit to the 
Committees on the Judiciary and the Committees on Appropriations of the 
Senate and of the House of Representatives a report assessing the 
availability of and the capacity of the Bureau of Prisons to treat 
heroin and opioid abuse through medication-assisted treatment. The 
report shall include a description of plans to expand access to 
medication-assisted treatment for heroin and opioid abuse for prisoners 
in appropriate cases. Following submission, the Director shall take 
steps to implement these plans.
  (b) Report on the Availability of Medication-Assisted Treatment for 
Opioid and Heroin Abuse, and Implementation Thereof.--Not later than 90 
days after the date of the enactment of this Act, the Director of the 
Administrative Office of the United States Courts shall submit to the 
Committees on the Judiciary and the Committees on Appropriations of the 
Senate and of the House of Representatives a report assessing the 
availability of and capacity for the provision of medication-assisted 
treatment for opioid and heroin abuse by treatment-service providers 
serving prisoners who are serving a term of supervised release, and 
including a description of plans to expand access to medication 
assisted treatment for heroin and opioid abuse whenever appropriate 
among prisoners under supervised release. Following submission, the 
Director will take steps to implement these plans.

SEC. 503. MONITORING OF ELECTRONIC COMMUNICATIONS BETWEEN PRISONER AND 
                    ATTORNEY.

  (a) Prohibition on Monitoring.--Not later than 180 days after the 
date of the enactment of this Act, the Attorney General shall modify 
any program or system through which a prisoner (as such term is defined 
in section 107) sends or receives an electronic communication (as such 
term is defined in section 2510 of title 18, United States Code, and 
including the Trust Fund Limited Inmate Computer System) to exclude 
from monitoring the contents (as such term is defined in section 2510 
of title 18, United States Code) of an electronic communication between 
a prisoner in a Bureau of Prisons facility and his or her attorney or 
other legal representative.
  (b) Retention of Contents.--The modification required under 
subsection (a) may allow for the retention of the contents of the 
electronic communications described in subsection (a).
  (c) Exception.--If a court of competent jurisdiction determines that 
there is sufficient evidence to support a reasonable belief of the 
Government that the information contained in an electronic 
communication described in subsection (a) was for the purpose of 
perpetrating a fraud or crime, an in camera review of the contents of 
the communication may be conducted.

SEC. 504. PILOT PROGRAMS.

  (a) In General.--The Bureau of Prisons shall establish each of the 
following pilot programs for 2 years, in at least 10 facilities:
          (1) Mentorship for youth.--A program to pair youth with 
        volunteers from faith-based or community organizations, which 
        may include formerly incarcerated offenders, that have relevant 
        experience or expertise in mentoring, and a willingness to 
        serve as a mentor in such a capacity.
          (2) Service to abandoned, rescued, or otherwise vulnerable 
        animals.--A program to equip prisoners with the skills to 
        provide training and therapy to animals seized by Federal law 
        enforcement under asset forfeiture authority and to 
        organizations that provide shelter and similar services to 
        abandoned, rescued, or otherwise vulnerable animals.
  (b) Reporting Requirement.--Not later than one year after the 
conclusion of the pilot programs, the Attorney General shall report to 
Congress on the results of the pilot programs under this section. Such 
report shall include cost savings, numbers of participants, and 
information about recidivism rates among participants.
  (c) Definition.--In this title, the term ``youth'' means a prisoner 
(as such term is defined in section 107) who was 21 years of age or 
younger at the time of the commission or alleged commission of the 
criminal offense for which the individual is being prosecuted or 
serving a term of imprisonment, as the case may be.

SEC. 505. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.

  (a) Probation Officers.--Section 3603 of title 18, United States 
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and 
inserting ``, 4246, or 4248''.
  (b) Pretrial Services Officers.--Section 3154 of title 18, United 
States Code, is amended in paragraph (12)(A) by striking ``or 4246'' 
and inserting ``, 4246, or 4248''.

SEC. 506. DATA COLLECTION.

  (a) National Prisoner Statistics Program.-- Beginning not later than 
one year after the date of the enactment of this Act, and annually 
thereafter, pursuant to the authority under section 302 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), the 
Director of the Bureau of Justice Statistics, with information that 
shall be provided by the Director of the Bureau of Prisons, shall 
include in the National Prisoner Statistics Program the following:
          (1) The number of prisoners (as such term is defined in 
        section 107 of this Act) who are veterans of the Armed Forces 
        of the United States.
          (2) The number of prisoners who have been placed in solitary 
        confinement at any time during the previous year.
          (3) The number of female prisoners known by the Bureau of 
        Prisons to be pregnant, as well as the outcomes of such 
        pregnancies, including information on pregnancies that result 
        in live-birth, still-birth, miscarriage, abortion, ectopic 
        pregnancy, maternal death, neonatal death, and preterm birth.
          (4) The numbers of prisoners who volunteered to participate 
        in a substance abuse treatment program, and the number of 
        prisoners who have participated in such a program.
          (5) The number of prisoners provided methadone or 
        buprenorphine while in custody in order to manage withdrawal or 
        to continually treat substance dependence and abuse.
          (6) The number of prisoners who were receiving methadone or 
        buprenorphine therapy prior to the commencement of their term 
        of imprisonment.
          (7) The number of prisoners who are the parent or guardian of 
        a minor child.
          (8) The numbers of prisoners who are single, married, or 
        otherwise in a committed relationship.
          (9) The number of prisoners who have not achieved a GED, high 
        school diploma, or equivalent prior to entering prison.
          (10) The number of prisoners who, during the previous year, 
        received their GED or other equivalent certificate while 
        incarcerated.
          (11) The numbers of prisoners for whom English is a second 
        language.
          (12) The number of incidents, during the previous year, in 
        which restraints were used on a female prisoner during 
        pregnancy, labor, or postpartum recovery, as well as 
        information relating to the type of restraints used, and the 
        circumstances under which each incident occurred.
          (13) The vacancy rate for medical and health care staff 
        positions, and average length of such a vacancy.
          (14) The number of facilities that operated, at any time 
        during the previous year, without at least one clinical nurse, 
        certified paramedic, or licensed physician on-site.
          (15) The number of facilities that during the previous year 
        were accredited by the American Correctional Association.
          (16) The number and type of recidivism reduction partnerships 
        described in section 3621(h)(5) of title 18, United States 
        Code, entered into by each facility.
          (17) The number of facilities with remote learning 
        capabilities.
          (18) The number of facilities that offer prisoners video 
        conferencing;
          (19) Any changes in costs related to legal phone calls and 
        visits following implementation of section 503 of this Act.
          (20) The number of aliens in prison during the previous year.
  (b) Report to Judiciary Committees.--Beginning not later than one 
year after the date of the enactment of this Act, and annually 
thereafter for a period of 7 years, the Director of the Bureau of 
Justice Statistics shall submit a report containing the information 
described in paragraphs (1) through (20) of subsection (a) to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate.

SEC. 507. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION; 
                    MODIFICATION OF IMPOSED TERM OF IMPRISONMENT.

  (a) Federal Prisoner Reentry Initiative.--Section 231 of the Second 
Chance Act of 2007 (42 U.S.C. 17541) is amended--
          (1) in subsection (g)--
                  (A) in paragraph (1)(B) by inserting after ``the 
                Attorney General may'' the following: ``, upon written 
                request from the Director of the Bureau of Prisons or 
                an eligible elderly offender,''.
                  (B) in paragraph (3), by striking ``carried out 
                during fiscal years 2009 and 2010'' and inserting 
                ``carried out during fiscal years 2016 through 2020''; 
                and
                  (C) in paragraph (5)(A)(ii), by striking ``the 
                greater of 10 years or'';
          (2) by striking subsection (h);
          (3) by redesignating subsection (i) as subsection (h); and
          (4) in subsection (h), as so redesignated, by striking ``2009 
        and 2010'' and inserting ``2016 through 2020''.
  (b) Modification of Imposed Term of Imprisonment.-- Section 
3582(c)(1)(A) of title 18, United States Code, is amended--
          (1) in the matter preceding clause (i), by inserting after 
        ``Director of the Bureau of Prisons'' the following: ``or, if 
        the Director does not make such a motion 30 days after 
        receiving a request to make such a motion from the defendant, 
        of the defendant''; and
          (2) in clause (ii), by inserting after ``the Director of the 
        Bureau of Prisons'' the following: ``, or the court in the case 
        that the court is considering a motion of the defendant''.

SEC. 508. RELEASE COORDINATION.

  (a) Designation of Release Preparation Coordinator.--The Director of 
the Bureau of Prisons shall designate one officer or employee of the 
Bureau of Prisons at each facility that houses prisoners, as the 
release preparation coordinator, who shall be responsible for 
determining the general release needs of the prisoner population and 
developing and implementing an institution release preparation program 
to address those needs.
  (b) Release Plan.--Each prisoner shall develop a comprehensive 
release plan in conjunction with an institution release preparation 
program, with individualized assistance from an officer or employee of 
the Bureau of Prisons who is dedicated to and experienced in release 
preparation, including employment and housing counseling.
    Amend the title so as to read:
    A bill to provide for programs to help reduce the risk that 
prisoners will recidivate upon release from prison, to provide 
restrictions on the use of restraints on pregnant prisoners, to 
provide additional safety measures for officers and employees 
of the Bureau of Prisons, and for other purposes.

                          Purpose and Summary

    This bill will enhance public safety by improving the 
effectiveness and efficiency of the Federal prison system with 
offender risk and needs assessment, individual risk reduction 
incentives and rewards, and risk and recidivism reduction. It 
also makes various changes to the Bureau of Prisons' policies 
and procedures to ensure prisoner and guard safety and 
security.

                Background and Need for the Legislation

    In early 2015, Chairman Goodlatte and Ranking Member 
Conyers created a Criminal Justice Reform Initiative at the 
Judiciary Committee to address the significant Congressional 
interest in criminal justice reform from Members who do and do 
not serve on the Judiciary Committee. The purpose of the 
Initiative was to develop bipartisan legislation to address 
several facets of the federal criminal justice system, 
including over-criminalization, sentencing reform, prison and 
reentry reform, protecting citizens through improved criminal 
procedures and policing strategies, and civil asset forfeiture 
reform. In addressing these issues, the Committee has relied on 
the work of the Over-Criminalization Task Force, which held 
nine hearings on a variety of criminal justice topics during 
the 113th Congress, as well as the information provided to the 
Committee by interested Members during the Committee's public 
listening session in June 2015.
    The Bureau of Prisons has a growing prison population that, 
because of its rising costs, is becoming a real and immediate 
threat to public safety. The growing prison budget is consuming 
an ever-increasing percentage of the Department of Justice's 
budget. According to the Statement of the Department's 
Inspector General before Congress on March 14, 2013, concerning 
oversight of the Department of Justice: ``it is clear that 
something must be done . . . the Department cannot solve this 
challenge by spending more money to operate more Federal 
prisons unless it is prepared to make drastic cuts to other 
important areas of the Department's operations.''\1\
---------------------------------------------------------------------------
    \1\http://www.justice.gov/oig/testimony/t1303.pdf. ``Drastic cuts'' 
in DOJ budgets may directly impact the investigative and prosecutorial 
resources in areas such as counterterrorism, cybercrimes, financial 
fraud, crimes against children, drug trafficking and other vital areas 
of current DOJ focus.
---------------------------------------------------------------------------
    Further, according to the Department's Criminal Division in 
2013:

          Now with the sequester, the challenges for Federal 
        criminal justice have increased dramatically and the 
        choices we all face--Congress, the Judiciary, the 
        Executive Branch--are that much clearer and more stark: 
        control Federal prison spending or see significant 
        reductions in the resources available for all non-
        prison criminal justice areas. If the current spending 
        trajectory continues and we do not reduce the prison 
        population and prison spending, there will continue to 
        be fewer and fewer prosecutors to bring charges, fewer 
        agents to investigate Federal crimes, less support to 
        state and local criminal justice partners, less support 
        to treatment, prevention and intervention programs, and 
        cuts along a range of other criminal justice 
        priorities. . . .
          [T]aken together, reductions in public safety 
        spending that have already occurred and that are likely 
        to continue in the coming years mean that the 
        remarkable public safety achievements of the last 20 
        years are threatened unless reforms are instituted to 
        make our public safety expenditures smarter and more 
        productive.\2\
---------------------------------------------------------------------------
    \2\http://www.justice.gov/criminal/foia/docs/2013annual-letter-
final-071113.pdf.

    The Federal prison system needs to be reformed through the 
implementation of corrections policy reforms designed to 
enhance public safety by improving the effectiveness and 
efficiency of the Federal prison system in order to control 
corrections spending, manage the prison population, and reduce 
recidivism.
    In January 2016, the Congressionally mandated Charles 
Colson Task Force on Federal Corrections (CCTF) determined that 
``lengthy waitlists indicate that BOP needs to immediately 
expand occupational training and educational programs. Research 
shows that such programs hold significant promise to reduce 
recidivism and improve individual outcomes following release, 
making their expansion all the more urgent. Research suggests 
that earning a working wage as a component of prison industry 
participation may enhance such program's effectiveness in 
reducing recidivism and improving employment outcomes. To 
increase the availability of occupational training 
opportunities, the Task Force also recommends that Congress 
expand the Federal Prison Industry's (FPI) authority, including 
increasing reliance on FPI products by Federal agencies.''
    Addressing the CCTF findings, the Committee is very 
concerned that inmate participation in prison industry over the 
last 8 years has plummeted from a decades long track record of 
25% of eligible inmates participating to less than 8% today, 
coupled with dozens of industry factories that provide 
meaningful inmate work opportunities being shut down across the 
country.
    The Committee believes that this precipitous decline in 
inmate prison industry employment levels, system-wide, can be 
tracked to the passage of specific legislative initiatives. The 
Committee strongly believes that without addressing the damage 
these legislative initiatives have caused and reversing same 
that it will be difficult to implement many of the recidivism 
reduction programming goals of this bill.
    Moreover, the Committee is deeply concerned with the 
increased burden to taxpayers for the burgeoning costs of 
inmate incarceration, which has also led to increased pressure 
on DOJ's budget and other important DOJ priorities being forced 
into competition for these limited funds.
    Therefore, based on the CCTF recommendations, the Committee 
encourages the Department of Justice and all its components to 
purchase from FPI to the fullest extent possible within current 
law. In addition, the Committee strongly encourages Congress to 
immediately seek the most expeditious, legislative efforts that 
remedy the decline in these critical occupational and 
educational programs thereby also supporting some of the most 
important overarching goals of the Criminal Justice Reform 
efforts to significantly reduce inmate recidivism, costs to 
taxpayers and society, and to significantly increase inmate 
post-release success, the safety of American citizens, and the 
safety of all of the inmates and Federal employees within the 
correctional institutions.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
759.

                        Committee Consideration

    On February 11, 2016, the Committee met in open session and 
ordered the bill H.R. 759 favorably reported, with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 759.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 759, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 16, 2016.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 759, the 
``Recidivism Risk Reduction Act.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kim Cawley, 
who can be reached at 226-2860.
            Sincerely,
                                                Keith Hall,
                                                  Director.
Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member



                H.R. 759--Recidivism Risk Reduction Act.

      As ordered reported by the House Committee on the Judiciary 
                         on February 11, 2016.




                                SUMMARY

    H.R. 759 would amend and expand the system for assessing 
recidivism risk and programs to reduce recidivism used within 
the federal prisons system. The bill would require the 
Department of Justice (DOJ) to develop a system to assess 
prisoner risks and needs and to periodically classify 
individual prisoner's risk of recidivism. Based on those 
classifications, prisoners would be provided the opportunity to 
participate in programs to reduce recidivism. By participating 
in such programs prisoners could earn credit that would allow 
them to complete their sentences in Residential Reentry Centers 
(RRCs) or home confinement.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 759 would cost $210 million 
over the 2017-2021 period. Enacting the legislation would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    CBO estimates that enacting H.R. 759 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 759 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary effect of H.R. 759 is shown in the 
following table. The costs of this legislation fall within 
budget function 750 (administration of justice).


                           BASIS OF ESTIMATE

    For this estimate, CBO assumes that H.R. 759 will be 
enacted near the end of 2016 and that the necessary amounts 
will be appropriated near the start of each fiscal year. 
Estimated outlays are based on historical patterns for similar 
activities.
Recidivism Risk Assessment
    H.R. 759 would require the Attorney General to develop and 
implement a system to assess the risk of recidivism for 
prisoners that would incorporate ongoing analysis and 
evaluation of each prisoner's risk. The system would require a 
risk assessment when each prisoner enters prison and would be 
used to determine the types of programs a prisoner would be 
eligible to participate in. All inmates would be reassessed 
during their prison sentence to determine whether their risk of 
recidivism had changed. The legislation would authorize an 
annual appropriation of $40 million to carry out this 
requirement. CBO estimates that implementing this provision 
would cost $165 million over the next 5 years.
Other Costs
    H.R. 759 would require DOJ to make various changes to 
training programs and protocols for corrections officers, 
prepare multiple reports on the effectiveness of new and 
existing programs, and collect additional data and prepare 
statistical information on prisoners and recidivism programs. 
Based on an analysis of information from DOJ and the Board of 
Prisons (BOP) about the level of effort needed to complete 
similar work, CBO estimates that implementing those 
requirements would cost about $45 million over the 2017-2021 
period, mostly for additional staff.
    The legislation also would prohibit the use of certain 
restraints on pregnant inmates; provide secure firearm storage 
for law enforcement officers; and institute various programs to 
improve training, data collection, and quality of life within 
the prison system. Based on information from DOJ and BOP, CBO 
estimates that implementing those requirements would have a 
negligible effect on discretionary spending.
Time Credits
    Successful completion of recidivism reduction programs 
would allow participating inmates to earn credits that would 
allow them to serve part of their sentence in pre-release 
custody. Pre-release custody is a period of time spent under 
the supervision of the federal government outside of federal 
prison, prior to an inmate's official release from prison. Pre-
release custody may involve RRCs or home confinement. The cost 
of supervision in pre-release custody can be twice that of 
supervision in a federal prison facility.
    Based on information from BOP, CBO expects that inmates 
probably would not be able to use credits earned under the 
program established in H.R. 759 because there currently is no 
available bed space in existing RRCs and the federal government 
does not have the authority to build new ones. Therefore, CBO 
estimates that implementing this provision would not have a 
significant effect on federal spending.

                     PAY-AS-YOU-GO CONSIDERATIONS:

    None.

          INCREASE IN LONG-TERM DIRECT SPENDING AND DEFICITS:

    CBO estimates that enacting H.R. 759 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 759 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on state, 
local, or tribal governments.

                         ESTIMATE PREPARED BY:

Federal Costs: Kim Cawley
Impact on State, Local, and Tribal Governments: Rachel Austin
Impact on the Private Sector: Paige Piper/Bach

                         ESTIMATE APPROVED BY:

H. Samuel Papenfuss
Deputy Assistant Director for Budget Analysis

                    Duplication of Federal Programs

    No provision of H.R. 759 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R.759 specifically directs 
to be completed no specific rule makings within the meaning of 
5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
759, will improve the effectiveness and efficiency of the 
Federal prison system with offender risk and needs assessment, 
individual risk reduction incentives and rewards, and risk and 
recidivism reduction, thereby protecting the safety of inmates, 
correction system employees, and American citizens

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 759 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

Section. 1. Short Title; Table of Contents
    Sets forth the short title for the entire Act as the 
``Corrections and Recidivism Reduction Act of 2016'' and sets 
forth the table of contents.

                   TITLE I. RECIDIVISM REDUCTION ACT

Section 101. Short Title.
    This section cites the short title of the title as the 
``Recidivism Risk Reduction Act''.
Section 102. Duties of the Attorney General
    Directs the Attorney General to develop an offender risk 
and needs assessment system and recommendations on recidivism 
reduction programs and productive activities; to conduct 
ongoing research and data analysis; to conduct biennial reviews 
of the system and recommendations; and to report to Congress. 
The Attorney General must consult and hold periodic meetings 
with relevant stakeholders and make decisions based on 
statistical and empirical evidence.
Section 103. Post-sentencing Risk and Needs Assessment System
    Requires the Attorney General to develop and release the 
``Post-Sentencing Risk and Needs Assessment System'' (the 
``System''), not later than 180 days after enactment of this 
Act, to assess a prisoner's risk of recidivism and assign 
prisoners to appropriate programs and activities.
    Instructs the Attorney General to adapt the Federal Post 
Conviction Risk Assessment Tool developed by the Administrative 
Office of the U.S. Courts to create an intake assessment tool 
and a reassessment tool to measure and use dynamic risk factors 
to indicate progress.
    Requires the System to provide guidance on the kind and 
amount of recidivism reduction programming or productive 
activities for each prisoner. All prisoners must participate in 
programming and activities through the entire term of 
incarceration, but prisoners with a higher risk of recidivating 
shall receive greater amounts of programming.
    Requires the System to provide guidance on grouping and 
housing to ensure prisoners with a similar risk of recidivism 
are together.
    Establishes incentives and rewards for prisoners to 
participate in programming and activities. This includes 
increased family phone and visitation privileges and earned 
time credits.
    Prisoners shall earn 10 days of time credits for each 30 
days of successful participation in recidivism risk reduction 
programming or activities. If a prisoner shows a decrease in 
risk over two reassessments, then the prisoner can earn an 
additional 5 days (for a total of 15 days). A prisoner with a 
low or no risk of recidivism can earn the additional 5 days 
(for a total of 15 days) so long as that prisoner does not 
increase risk over two reassessments.
    A prisoner may not earn time credits for programming or 
activities participated in before enactment of this Act and 
before the prisoner's sentence commences. Makes prisoners 
ineligible to earn time credits if the prisoner is serving a 
sentence for conviction of certain offenses.
    Requires prisoners to be reassessed at least annually and, 
if the prisoner has a greater risk of recidivating, more 
frequently during the 5 years before release. Requires BOP to 
establish guidelines for reducing rewards and incentives for 
prisoners who violate prison, program, or activity rules, and 
for restoring those rewards and incentives based on individual 
progress.
    Requires the Attorney General to develop training programs 
for BOP officials and employees related to the implementation 
and operation of the System and to conduct periodic audits of 
the System.
Section 104. Recidivism Reduction Program and Productive Activity 
        Recommendations
    Directs the Attorney General to review the effectiveness of 
existing programs in prisons operated by the Bureau and in 
state-operated prisons and make recommendations to the Bureau 
regarding the expansion of programming and activity capacity, 
the replication of effective programs, and the addition of any 
new programs that would help to reduce recidivism.
Section 105. Report
    Directs the Attorney General to submit an annual report 
about the activities undertaken as a result of this Act.
Section 106. Use of System and Recommendations by Bureau of Prisons
    Directs the Bureau to: (1) implement the System and 
complete a risk and needs assessment for each prisoner; (2) 
expand the effective programs it offers and add any new ones 
necessary to effectively implement the System; (3) phase in 
such programs according to a specified schedule; and (4) 
develop policies for the warden of each prison to enter into 
partnerships with specified nonprofit organizations, 
institutions of higher education, and private entities to 
expand such programs. Sets forth procedures for the transfer 
into pre-release custody of a prisoner determined to be less 
than likely to recidivate.
Section 107. Definitions
    Sets forth the definitions used in the Act.
Section 108. Authorization of Appropriations
    Authorizes $50 million from 2016 to 2020 to carry out the 
activities described in the Act.

         TITLE II. RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

Section 201. Use of Restraints on Prisoners During the Period of 
        Pregnancy
    Prohibits the use of restraints on prisoners during the 
period of pregnancy and postpartum recovery. The prohibition 
shall not apply if the prisoner is determined to be an 
immediate and credible flight risk or poses an immediate and 
serious threat of harm to herself, the fetus or others. 
Requires a report to be filed with the Director of BOP and 
prisoner's healthcare professional when restraints are used. 
Requires BOP to provide information to Congress annually.

      TITLE III--BUREAU OF PRISONS USE OF OLEORESIN CAPSICUM SPRAY

Section 301. Short title
    Sets forth the short title for Title III as the ``Eric 
Williams Correctional Officer Protection Act of 2016.''
Section 302. Officers and Employees of the Bureau of Prisons Authorized 
        to Carry Oleoresin Capsicum Spray
    Authorizes the Director of BOP to issue pepper spray to 
those employed in a prison above the medium security level and 
establishes a training requirement for any employee to be 
eligible to receive and carry pepper spray. This section also 
establishes the circumstances in which an employee may use 
pepper spray.
Section 303. GAO Report
    Requires the Comptroller General to submit a report to 
Congress not later than 3 years after enactment of this Act 
evaluating the effectiveness of using pepper spray in prison.

          TITLE IV. BUREAU OF PRISONS SECURE FIREARMS STORAGE

Section 401. Short Title
    Sets forth the short title for Title IV as the ``Lieutenant 
Osvaldo Albarati Correctional Officer Self-Protection Act of 
2016.''
Section 402. Findings
    Sets forth the findings in support of Section 403.
Section 403. Secure firearms storage
    Requires the Director of BOP to provide a secure storage 
area outside the secure perimeter of the facility for employees 
to store firearms or to allow the employee to place firearms in 
secure storage boxes within vehicles.

                         TITLE V. MISCELLANEOUS

Section 501. De-escalation training
    Requires BOP to provide de-escalation training as part of 
the regular training requirements of correctional officers.
Section 502. Medication-assisted Treatment for Opioid and Heroin Abuse
    Requires BOP to submit a report and evaluation of the 
current pilot program to treat heroin and opioid abuse through 
medication-assisted treatment. Nothing in this section 
precludes the continuance or expansion of existing holistic, 
faith-based, and other drug-free models to treat heroin and 
opioid abuse.
Section 503. Monitoring of Electronic Communications Between Prisoner 
        and Attorney
    Requires BOP to exclude from monitoring the contents of 
electronic communications to or from a prisoner in a BOP 
facility and his attorney or other legal representative. The 
provision establishes a retention policy for these 
communications should a court determine that the crime-fraud 
exception to the attorney-client privilege applies.
Section 504. Pilot Programs
    Requires BOP to establish two pilot programs for 2 years in 
10 facilities. The first is a mentorship program for youth and 
the second is for the training and therapy of abandoned, 
rescued, or otherwise vulnerable animals.
Section 505. Ensuring Supervision of Released Sexually Dangerous 
        Persons
    Provides U.S. Probation and Pretrial Services authority to 
supervise sexually dangerous persons who have been 
conditionally released from civil commitment.
Section 506. Data Collection
    Establishes for BOP a statistical and demographic data 
reporting requirement. This data must be provided to Congress 
annually for 7 years and as part of the National Prisoner 
Statistics Program.
Section 507. Federal Prisoner Reentry Initiative Reauthorization; 
        Modification of Imposed Term of Imprisonment
    Removes the 10-year requirement from the elderly release 
pilot program created by the Second Chance Act. This change 
mirrors the change made in the Second Chance Reauthorization 
Act recently passed by the House Judiciary Committee. Allows 
the prisoner to seek relief under the program directly from a 
court.
Section 508. Release Coordination
    Requires BOP to designate one person at each facility to 
serve as a release preparation coordinator and requires every 
prisoner to develop a comprehensive release plan with 
individualized assistance from staff with release preparation 
expertise.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

TITLE 18, UNITED STATES CODE

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PART II--CRIMINAL PROCEDURE

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CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

           *       *       *       *       *       *       *


Sec. 3154. Functions and powers relating to pretrial services

   Pretrial services functions shall include the following:
          (1) Collect, verify, and report to the judicial 
        officer, prior to the pretrial release hearing, 
        information pertaining to the pretrial release of each 
        individual charged with an offense, including 
        information relating to any danger that the release of 
        such person may pose to any other person or the 
        community, and, where appropriate, include a 
        recommendation as to whether such individual should be 
        released or detained and, if release is recommended, 
        recommend appropriate conditions of release; except 
        that a district court may direct that information not 
        be collected, verified, or reported under this 
        paragraph on individuals charged with Class A 
        misdemeanors as defined in section 3559(a)(6) of this 
        title.
          (2) Review and modify the reports and recommendations 
        specified in paragraph (1) of this section for persons 
        seeking release pursuant to section 3145 of this 
        chapter.
          (3) Supervise persons released into its custody under 
        this chapter.
          (4) Operate or contract for the operation of 
        appropriate facilities for the custody or care of 
        persons released under this chapter including 
        residential halfway houses, addict and alcoholic 
        treatment centers, and counseling services, and 
        contract with any appropriate public or private agency 
        or person, or expend funds, to monitor and provide 
        treatment as well as nontreatment services to any such 
        persons released in the community, including equipment 
        and emergency housing, corrective and preventative 
        guidance and training, and other services reasonably 
        deemed necessary to protect the public and ensure that 
        such persons appear in court as required.
          (5) Inform the court and the United States attorney 
        of all apparent violations of pretrial release 
        conditions, arrests of persons released to the custody 
        of providers of pretrial services or under the 
        supervision of providers of pretrial services, and any 
        danger that any such person may come to pose to any 
        other person or the community, and recommend 
        appropriate modifications of release conditions.
          (6) Serve as coordinator for other local agencies 
        which serve or are eligible to serve as custodians 
        under this chapter and advise the court as to the 
        eligibility, availability, and capacity of such 
        agencies.
          (7) Assist persons released under this chapter in 
        securing any necessary employment, medical, legal, or 
        social services.
          (8) Prepare, in cooperation with the United States 
        marshal and the United States attorney such pretrial 
        detention reports as are required by the provisions of 
        the Federal Rules of Criminal Procedure relating to the 
        supervision of detention pending trial.
          (9) Develop and implement a system to monitor and 
        evaluate bail activities, provide information to 
        judicial officers on the results of bail decisions, and 
        prepare periodic reports to assist in the improvement 
        of the bail process.
          (10) To the extent provided for in an agreement 
        between a chief pretrial services officer in districts 
        in which pretrial services are established under 
        section 3152(b) of this title, or the chief probation 
        officer in all other districts, and the United States 
        attorney, collect, verify, and prepare reports for the 
        United States attorney's office of information 
        pertaining to the pretrial diversion of any individual 
        who is or may be charged with an offense, and perform 
        such other duties as may be required under any such 
        agreement.
          (11) Make contracts, to such extent and in such 
        amounts as are provided in appropriation Acts, for the 
        carrying out of any pretrial services functions.
          (12)(A) As directed by the court and to the degree 
        required by the regimen of care or treatment ordered by 
        the court as a condition of release, keep informed as 
        to the conduct and provide supervision of a person 
        conditionally released under the provisions of section 
        4243 [or 4246], 4246, or 4248 of this title, and report 
        such person's conduct and condition to the court 
        ordering release and the Attorney General or his 
        designee.
          (B) Any violation of the conditions of release shall 
        immediately be reported to the court and the Attorney 
        General or his designee.
          (13) If approved by the district court, be authorized 
        to carry firearms under such rules and regulations as 
        the Director of the Administrative Office of the United 
        States Courts may prescribe.
          (14) Perform, in a manner appropriate for juveniles, 
        any of the functions identified in this section with 
        respect to juveniles awaiting adjudication, trial, or 
        disposition under chapter 403 of this title who are not 
        detained.
          (15) Perform such other functions as specified under 
        this chapter.

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CHAPTER 227--SENTENCES

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Sec. 3582. Imposition of a sentence of imprisonment

  (a) Factors To Be Considered in Imposing a Term of 
Imprisonment.--The court, in determining whether to impose a 
term of imprisonment, and, if a term of imprisonment is to be 
imposed, in determining the length of the term, shall consider 
the factors set forth in section 3553(a) to the extent that 
they are applicable, recognizing that imprisonment is not an 
appropriate means of promoting correction and rehabilitation. 
In determining whether to make a recommendation concerning the 
type of prison facility appropriate for the defendant, the 
court shall consider any pertinent policy statements issued by 
the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2).
  (b) Effect of Finality of Judgment.--Notwithstanding the fact 
that a sentence to imprisonment can subsequently be--
          (1) modified pursuant to the provisions of subsection 
        (c);
          (2) corrected pursuant to the provisions of rule 35 
        of the Federal Rules of Criminal Procedure and section 
        3742; or
          (3) appealed and modified, if outside the guideline 
        range, pursuant to the provisions of section 3742;
a judgment of conviction that includes such a sentence 
constitutes a final judgment for all other purposes.
  (c) Modification of an Imposed Term of Imprisonment.--The 
court may not modify a term of imprisonment once it has been 
imposed except that--
          (1) in any case--
                  (A) the court, upon motion of the Director of 
                the Bureau of Prisons or, if the Director does 
                not make such a motion 30 days after receiving 
                a request to make such a motion from the 
                defendant, of the defendant, may reduce the 
                term of imprisonment (and may impose a term of 
                probation or supervised release with or without 
                conditions that does not exceed the unserved 
                portion of the original term of imprisonment), 
                after considering the factors set forth in 
                section 3553(a) to the extent that they are 
                applicable, if it finds that--
                          (i) extraordinary and compelling 
                        reasons warrant such a reduction; or
                          (ii) the defendant is at least 70 
                        years of age, has served at least 30 
                        years in prison, pursuant to a sentence 
                        imposed under section 3559(c), for the 
                        offense or offenses for which the 
                        defendant is currently imprisoned, and 
                        a determination has been made by the 
                        Director of the Bureau of Prisons, or 
                        the court in the case that the court is 
                        considering a motion of the defendant 
                        that the defendant is not a danger to 
                        the safety of any other person or the 
                        community, as provided under section 
                        3142(g);
                and that such a reduction is consistent with 
                applicable policy statements issued by the 
                Sentencing Commission; and
                  (B) the court may modify an imposed term of 
                imprisonment to the extent otherwise expressly 
                permitted by statute or by Rule 35 of the 
                Federal Rules of Criminal Procedure; and
          (2) in the case of a defendant who has been sentenced 
        to a term of imprisonment based on a sentencing range 
        that has subsequently been lowered by the Sentencing 
        Commission pursuant to 28 U.S.C. 994(o), upon motion of 
        the defendant or the Director of the Bureau of Prisons, 
        or on its own motion, the court may reduce the term of 
        imprisonment, after considering the factors set forth 
        in section 3553(a) to the extent that they are 
        applicable, if such a reduction is consistent with 
        applicable policy statements issued by the Sentencing 
        Commission.
  (d) Inclusion of an Order To Limit Criminal Association of 
Organized Crime and Drug Offenders.--The court, in imposing a 
sentence to a term of imprisonment upon a defendant convicted 
of a felony set forth in chapter 95 (racketeering) or 96 
(racketeer influenced and corrupt organizations) of this title 
or in the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 801 et seq.), or at any time thereafter upon 
motion by the Director of the Bureau of Prisons or a United 
States attorney, may include as a part of the sentence an order 
that requires that the defendant not associate or communicate 
with a specified person, other than his attorney, upon a 
showing of probable cause to believe that association or 
communication with such person is for the purpose of enabling 
the defendant to control, manage, direct, finance, or otherwise 
participate in an illegal enterprise.

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CHAPTER 229--POSTSENTENCE ADMINISTRATION

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SUBCHAPTER A--PROBATION

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Sec. 3603. Duties of probation officers

   A probation officer shall--
          (1) instruct a probationer or a person on supervised 
        release, who is under his supervision, as to the 
        conditions specified by the sentencing court, and 
        provide him with a written statement clearly setting 
        forth all such conditions;
          (2) keep informed, to the degree required by the 
        conditions specified by the sentencing court, as to the 
        conduct and condition of a probationer or a person on 
        supervised release, who is under his supervision, and 
        report his conduct and condition to the sentencing 
        court;
          (3) use all suitable methods, not inconsistent with 
        the conditions specified by the court, to aid a 
        probationer or a person on supervised release who is 
        under his supervision, and to bring about improvements 
        in his conduct and condition;
          (4) be responsible for the supervision of any 
        probationer or a person on supervised release who is 
        known to be within the judicial district;
          (5) keep a record of his work, and make such reports 
        to the Director of the Administrative Office of the 
        United States Courts as the Director may require;
          (6) upon request of the Attorney General or his 
        designee, assist in the supervision of and furnish 
        information about, a person within the custody of the 
        Attorney General while on work release, furlough, or 
        other authorized release from his regular place of 
        confinement, or while in prerelease custody pursuant to 
        the provisions of section 3624(c);
          (7) keep informed concerning the conduct, condition, 
        and compliance with any condition of probation, 
        including the payment of a fine or restitution of each 
        probationer under his supervision and report thereon to 
        the court placing such person on probation and report 
        to the court any failure of a probationer under his 
        supervision to pay a fine in default within thirty days 
        after notification that it is in default so that the 
        court may determine whether probation should be 
        revoked;
          (8)(A) when directed by the court, and to the degree 
        required by the regimen of care or treatment ordered by 
        the court as a condition of release, keep informed as 
        to the conduct and provide supervision of a person 
        conditionally released under the provisions of section 
        4243 [or 4246], 4246, or 4248 of this title, and report 
        such person's conduct and condition to the court 
        ordering release and to the Attorney General or his 
        designee; and
          (B) immediately report any violation of the 
        conditions of release to the court and the Attorney 
        General or his designee;
          (9) if approved by the district court, be authorized 
        to carry firearms under such rules and regulations as 
        the Director of the Administrative Office of the United 
        States Courts may prescribe; and
          (10) perform any other duty that the court may 
        designate.

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SUBCHAPTER C--IMPRISONMENT

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Sec. 3621. Imprisonment of a convicted person

  (a) Commitment to Custody of Bureau of Prisons.--A person who 
has been sentenced to a term of imprisonment pursuant to the 
provisions of subchapter D of chapter 227 shall be committed to 
the custody of the Bureau of Prisons until the expiration of 
the term imposed, or until earlier released for satisfactory 
behavior pursuant to the provisions of section 3624.
  (b) Place of Imprisonment.--The Bureau of Prisons shall 
designate the place of the prisoner's imprisonment. The Bureau 
may designate any available penal or correctional facility that 
meets minimum standards of health and habitability established 
by the Bureau, whether maintained by the Federal Government or 
otherwise and whether within or without the judicial district 
in which the person was convicted, that the Bureau determines 
to be appropriate and suitable, considering--
          (1) the resources of the facility contemplated;
          (2) the nature and circumstances of the offense;
          (3) the history and characteristics of the prisoner;
          (4) any statement by the court that imposed the 
        sentence--
                  (A) concerning the purposes for which the 
                sentence to imprisonment was determined to be 
                warranted; or
                  (B) recommending a type of penal or 
                correctional facility as appropriate; and
          (5) any pertinent policy statement issued by the 
        Sentencing Commission pursuant to section 994(a)(2) of 
        title 28.
In designating the place of imprisonment or making transfers 
under this subsection, there shall be no favoritism given to 
prisoners of high social or economic status. The Bureau may at 
any time, having regard for the same matters, direct the 
transfer of a prisoner from one penal or correctional facility 
to another. The Bureau shall make available appropriate 
substance abuse treatment for each prisoner the Bureau 
determines has a treatable condition of substance addiction or 
abuse. Any order, recommendation, or request by a sentencing 
court that a convicted person serve a term of imprisonment in a 
community corrections facility shall have no binding effect on 
the authority of the Bureau under this section to determine or 
change the place of imprisonment of that person.
  (c) Delivery of Order of Commitment.--When a prisoner, 
pursuant to a court order, is placed in the custody of a person 
in charge of a penal or correctional facility, a copy of the 
order shall be delivered to such person as evidence of this 
authority to hold the prisoner, and the original order, with 
the return endorsed thereon, shall be returned to the court 
that issued it.
  (d) Delivery of Prisoner for Court Appearances.--The United 
States marshal shall, without charge, bring a prisoner into 
court or return him to a prison facility on order of a court of 
the United States or on written request of an attorney for the 
Government.
  (e) Substance Abuse Treatment.--
          (1) Phase-in.--In order to carry out the requirement 
        of the last sentence of subsection (b) of this section, 
        that every prisoner with a substance abuse problem have 
        the opportunity to participate in appropriate substance 
        abuse treatment, the Bureau of Prisons shall, subject 
        to the availability of appropriations, provide 
        residential substance abuse treatment (and make 
        arrangements for appropriate aftercare)--
                  (A) for not less than 50 percent of eligible 
                prisoners by the end of fiscal year 1995, with 
                priority for such treatment accorded based on 
                an eligible prisoner's proximity to release 
                date;
                  (B) for not less than 75 percent of eligible 
                prisoners by the end of fiscal year 1996, with 
                priority for such treatment accorded based on 
                an eligible prisoner's proximity to release 
                date; and
                  (C) for all eligible prisoners by the end of 
                fiscal year 1997 and thereafter, with priority 
                for such treatment accorded based on an 
                eligible prisoner's proximity to release date.
          (2) Incentive for prisoners' successful completion of 
        treatment program.--
                  (A) Generally.--Any prisoner who, in the 
                judgment of the Director of the Bureau of 
                Prisons, has successfully completed a program 
                of residential substance abuse treatment 
                provided under paragraph (1) of this 
                subsection, shall remain in the custody of the 
                Bureau under such conditions as the Bureau 
                deems appropriate. If the conditions of 
                confinement are different from those the 
                prisoner would have experienced absent the 
                successful completion of the treatment, the 
                Bureau shall periodically test the prisoner for 
                substance abuse and discontinue such conditions 
                on determining that substance abuse has 
                recurred.
                  (B) Period of custody.--The period a prisoner 
                convicted of a nonviolent offense remains in 
                custody after successfully completing a 
                treatment program may be reduced by the Bureau 
                of Prisons, but such reduction may not be more 
                than one year from the term the prisoner must 
                otherwise serve.
          (3) Report.--The Bureau of Prisons shall transmit to 
        the Committees on the Judiciary of the Senate and the 
        House of Representatives on January 1, 1995, and on 
        January 1 of each year thereafter, a report. Such 
        report shall contain--
                  (A) a detailed quantitative and qualitative 
                description of each substance abuse treatment 
                program, residential or not, operated by the 
                Bureau;
                  (B) a full explanation of how eligibility for 
                such programs is determined, with complete 
                information on what proportion of prisoners 
                with substance abuse problems are eligible; and
                  (C) a complete statement of to what extent 
                the Bureau has achieved compliance with the 
                requirements of this title.
          (4) Authorization of appropriations.--There are 
        authorized to carry out this subsection such sums as 
        may be necessary for each of fiscal years 2007 through 
        2011.
          (5) Definitions.--As used in this subsection--
                  (A) the term ``residential substance abuse 
                treatment'' means a course of individual and 
                group activities and treatment, lasting at 
                least 6 months, in residential treatment 
                facilities set apart from the general prison 
                population (which may include the use of 
                pharmocotherapies, where appropriate, that may 
                extend beyond the 6-month period);
                  (B) the term ``eligible prisoner'' means a 
                prisoner who is--
                          (i) determined by the Bureau of 
                        Prisons to have a substance abuse 
                        problem; and
                          (ii) willing to participate in a 
                        residential substance abuse treatment 
                        program; and
                  (C) the term ``aftercare'' means placement, 
                case management and monitoring of the 
                participant in a community-based substance 
                abuse treatment program when the participant 
                leaves the custody of the Bureau of Prisons.
          (6) Coordination of federal assistance.--The Bureau 
        of Prisons shall consult with the Department of Health 
        and Human Services concerning substance abuse treatment 
        and related services and the incorporation of 
        applicable components of existing comprehensive 
        approaches including relapse prevention and aftercare 
        services.
  (f) Sex Offender Management.--
          (1) In general.--The Bureau of Prisons shall make 
        available appropriate treatment to sex offenders who 
        are in need of and suitable for treatment, as follows:
                  (A) Sex offender management programs.--The 
                Bureau of Prisons shall establish non-
                residential sex offender management programs to 
                provide appropriate treatment, monitoring, and 
                supervision of sex offenders and to provide 
                aftercare during pre-release custody.
                  (B) Residential sex offender treatment 
                programs.--The Bureau of Prisons shall 
                establish residential sex offender treatment 
                programs to provide treatment to sex offenders 
                who volunteer for such programs and are deemed 
                by the Bureau of Prisons to be in need of and 
                suitable for residential treatment.
          (2) Regions.--At least 1 sex offender management 
        program under paragraph (1)(A), and at least one 
        residential sex offender treatment program under 
        paragraph (1)(B), shall be established in each region 
        within the Bureau of Prisons.
          (3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Bureau of Prisons 
        for each fiscal year such sums as may be necessary to 
        carry out this subsection.
  (g) Continued Access to Medical Care.--
          (1) In general.--In order to ensure a minimum 
        standard of health and habitability, the Bureau of 
        Prisons should ensure that each prisoner in a community 
        confinement facility has access to necessary medical 
        care, mental health care, and medicine through 
        partnerships with local health service providers and 
        transition planning.
          (2) Definition.--In this subsection, the term 
        ``community confinement'' has the meaning given that 
        term in the application notes under section 5F1.1 of 
        the Federal Sentencing Guidelines Manual, as in effect 
        on the date of the enactment of the Second Chance Act 
        of 2007.
  (h) Post-Sentencing Risk and Needs Assessment System.--
          (1) In general.--Not later than 180 days after the 
        Attorney General completes and releases the Post-
        Sentencing Risk and Needs Assessment System (referred 
        to in this subsection as the ``System'') developed 
        under the Recidivism Risk Reduction Act, the Bureau of 
        Prisons shall--
                  (A) implement the System and complete a risk 
                and needs assessment for each prisoner (as such 
                term is defined in section 107 of the 
                Recidivism Risk Reduction Act), regardless of 
                the prisoner's length of imposed term of 
                imprisonment; and
                  (B) expand the effective recidivism reduction 
                programs (as such term is defined under section 
                107 of the Recidivism Risk Reduction Act) and 
                productive activities it offers and add any new 
                recidivism reduction programs and productive 
                activities necessary to effectively implement 
                the System, and in accordance with the 
                recommendations made by the Attorney General 
                under section 104 of that Act and with 
                paragraph (2).
          (2) Phase-in.--In order to carry out paragraph (1), 
        so that every prisoner has the opportunity to 
        participate in and complete the kind and amount of 
        recidivism reduction programming or productive 
        activities necessary to effectively implement the 
        System and that the Attorney General recommends, the 
        Bureau of Prisons shall, subject to the availability of 
        appropriations, provide such recidivism reduction 
        programs and productive activities--
                  (A) for not less than 20 percent of prisoners 
                before the date that is one year after the date 
                on which the Bureau of Prisons completes the 
                risk and needs assessments under paragraph 
                (1)(A);
                  (B) for not less than 40 percent of prisoners 
                before the date that is 2 years after the date 
                on which the Bureau of Prisons completes the 
                risk and needs assessments under paragraph 
                (1)(A);
                  (C) for not less than 60 percent of prisoners 
                before the date that is 3 years after the date 
                on which the Bureau of Prisons completes the 
                risk and needs assessments under paragraph 
                (1)(A);
                  (D) for not less than 80 percent of prisoners 
                before the date that is 4 years after the date 
                on which the Bureau of Prisons completes the 
                risk and needs assessments under paragraph 
                (1)(A); and
                  (E) for all prisoners before the date that is 
                5 years after the date on which the Bureau of 
                Prisons completes a risk and needs assessment 
                for each prisoner under paragraph (1)(A) and 
                thereafter.
          (3) Priority during phase-in.--During the phase-in 
        period described in paragraph (2), the priority for 
        such programs and activities shall be accorded based on 
        a prisoner's proximity to release date.
          (4) Preliminary expansion of recidivism reduction 
        programs and authority to use incentives.--Beginning on 
        the date of the enactment of the Recidivism Risk 
        Reduction Act, the Bureau of Prisons may begin to 
        expand any recidivism reduction programs and productive 
        activities that exist at a prison as of such date, and 
        may offer to prisoners who successfully participate in 
        such programming and activities the incentives and 
        rewards described in 103(e) of such Act.
          (5) Recidivism reduction partnerships.--In order to 
        expand recidivism reduction programs and productive 
        activities, the Bureau of Prisons shall develop 
        policies for the warden of each prison to enter into 
        partnerships, subject to the availability of 
        appropriations, with any of the following:
                  (A) Nonprofit and other private 
                organizations, including faith-based, art, and 
                community-based organizations that will deliver 
                recidivism reduction programming on a paid or 
                volunteer basis.
                  (B) Institutions of higher education (as 
                defined in section 101 of the Higher Education 
                Act of 1965 20 U.S.C. 1001) that will deliver 
                instruction on a paid or volunteer basis.
                  (C) Private entities that will--
                          (i) deliver vocational training and 
                        certifications;
                          (ii) provide equipment to facilitate 
                        vocational training or employment 
                        opportunities for prisoners;
                          (iii) employ prisoners; or
                          (iv) assist prisoners in prerelease 
                        custody or supervised release in 
                        finding employment.
                  (D) Industry-sponsored organizations that 
                will deliver workforce development and 
                training, on a paid or volunteer basis.

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Sec. 3624. Release of a prisoner

  (a) Date of Release.--A prisoner shall be released by the 
Bureau of Prisons on the date of the expiration of the 
prisoner's term of imprisonment, less any time credited toward 
the service of the prisoner's sentence as provided in 
subsection (b). If the date for a prisoner's release falls on a 
Saturday, a Sunday, or a legal holiday at the place of 
confinement, the prisoner may be released by the Bureau on the 
last preceding weekday.
  (b) Credit Toward Service of Sentence for Satisfactory 
Behavior.--
          (1) Subject to paragraph (2), a prisoner who is 
        serving a term of imprisonment of more than 1 year 
        other than a term of imprisonment for the duration of 
        the prisoner's life, may receive credit toward the 
        service of the prisoner's sentence, beyond the time 
        served, of up to 54 days at the end of each year of the 
        prisoner's term of imprisonment, beginning at the end 
        of the first year of the term, subject to determination 
        by the Bureau of Prisons that, during that year, the 
        prisoner has displayed exemplary compliance with 
        institutional disciplinary regulations. Subject to 
        paragraph (2), if the Bureau determines that, during 
        that year, the prisoner has not satisfactorily complied 
        with such institutional regulations, the prisoner shall 
        receive no such credit toward service of the prisoner's 
        sentence or shall receive such lesser credit as the 
        Bureau determines to be appropriate. In awarding credit 
        under this section, the Bureau shall consider whether 
        the prisoner, during the relevant period, has earned, 
        or is making satisfactory progress toward earning, a 
        high school diploma or an equivalent degree. Credit 
        that has not been earned may not later be granted. 
        Subject to paragraph (2), [credit for the last year or 
        portion of a year of the term of imprisonment shall be 
        prorated and credited within the last six weeks of the 
        sentence] credit for the last year of a term of 
        imprisonment shall be credited on the first day of the 
        last year of the term of imprisonment.
          (2) Notwithstanding any other law, credit awarded 
        under this subsection after the date of enactment of 
        the Prison Litigation Reform Act shall vest on the date 
        the prisoner is released from custody.
          (3) The Attorney General shall ensure that the Bureau 
        of Prisons has in effect an optional General 
        Educational Development program for inmates who have 
        not earned a high school diploma or its equivalent.
          (4) Exemptions to the General Educational Development 
        requirement may be made as deemed appropriate by the 
        Director of the Federal Bureau of Prisons.
  (c) Prerelease Custody.--
          (1) In general.--The Director of the Bureau of 
        Prisons shall, to the extent practicable, ensure that a 
        prisoner serving a term of imprisonment spends a 
        portion of the final months of that term (not to exceed 
        12 months), under conditions that will afford that 
        prisoner a reasonable opportunity to adjust to and 
        prepare for the reentry of that prisoner into the 
        community. Such conditions may include a community 
        correctional facility.
          (2) Home confinement authority.--The authority under 
        this subsection may be used to place a prisoner in home 
        confinement for the shorter of 10 percent of the term 
        of imprisonment of that prisoner or 6 months.
          (3) Assistance.--The United States Probation System 
        shall, to the extent practicable, offer assistance to a 
        prisoner during prerelease custody under this 
        subsection.
          (4) No limitations.--Nothing in this subsection shall 
        be construed to limit or restrict the authority of the 
        Director of the Bureau of Prisons under section 3621.
          (5) Reporting.--Not later than 1 year after the date 
        of the enactment of the Second Chance Act of 2007 (and 
        every year thereafter), the Director of the Bureau of 
        Prisons shall transmit to the Committee on the 
        Judiciary of the Senate and the Committee on the 
        Judiciary of the House of Representatives a report 
        describing the Bureau's utilization of community 
        corrections facilities. Each report under this 
        paragraph shall set forth the number and percentage of 
        Federal prisoners placed in community corrections 
        facilities during the preceding year, the average 
        length of such placements, trends in such utilization, 
        the reasons some prisoners are not placed in community 
        corrections facilities, and any other information that 
        may be useful to the committees in determining if the 
        Bureau is utilizing community corrections facilities in 
        an effective manner.
          (6) Issuance of regulations.--The Director of the 
        Bureau of Prisons shall issue regulations pursuant to 
        this subsection not later than 90 days after the date 
        of the enactment of the Second Chance Act of 2007, 
        which shall ensure that placement in a community 
        correctional facility by the Bureau of Prisons is--
                  (A) conducted in a manner consistent with 
                section 3621(b) of this title;
                  (B) determined on an individual basis; and
                  (C) of sufficient duration to provide the 
                greatest likelihood of successful reintegration 
                into the community.
  (d) Allotment of Clothing, Funds, and Transportation.--Upon 
the release of a prisoner on the expiration of the prisoner's 
term of imprisonment, the Bureau of Prisons shall furnish the 
prisoner with--
          (1) suitable clothing;
          (2) an amount of money, not more than $500, 
        determined by the Director to be consistent with the 
        needs of the offender and the public interest, unless 
        the Director determines that the financial position of 
        the offender is such that no sum should be furnished; 
        and
          (3) transportation to the place of the prisoner's 
        conviction, to the prisoner's bona fide residence 
        within the United States, or to such other place within 
        the United States as may be authorized by the Director.
  (e) Supervision After Release.--A prisoner whose sentence 
includes a term of supervised release after imprisonment shall 
be released by the Bureau of Prisons to the supervision of a 
probation officer who shall, during the term imposed, supervise 
the person released to the degree warranted by the conditions 
specified by the sentencing court. The term of supervised 
release commences on the day the person is released from 
imprisonment and runs concurrently with any Federal, State, or 
local term of probation or supervised release or parole for 
another offense to which the person is subject or becomes 
subject during the term of supervised release. A term of 
supervised release does not run during any period in which the 
person is imprisoned in connection with a conviction for a 
Federal, State, or local crime unless the imprisonment is for a 
period of less than 30 consecutive days. Upon the release of a 
prisoner by the Bureau of Prisons to supervised release, the 
Bureau of Prisons shall notify such prisoner, verbally and in 
writing, of the requirement that the prisoner adhere to an 
installment schedule, not to exceed 2 years except in special 
circumstances, to pay for any fine imposed for the offense 
committed by such prisoner, and of the consequences of failure 
to pay such fines under sections 3611 through 3614 of this 
title.
  (f) Mandatory Functional Literacy Requirement.--
          (1) The Attorney General shall direct the Bureau of 
        Prisons to have in effect a mandatory functional 
        literacy program for all mentally capable inmates who 
        are not functionally literate in each Federal 
        correctional institution within 6 months from the date 
        of the enactment of this Act.
          (2) Each mandatory functional literacy program shall 
        include a requirement that each inmate participate in 
        such program for a mandatory period sufficient to 
        provide the inmate with an adequate opportunity to 
        achieve functional literacy, and appropriate incentives 
        which lead to successful completion of such programs 
        shall be developed and implemented.
          (3) As used in this section, the term ``functional 
        literacy'' means--
                  (A) an eighth grade equivalence in reading 
                and mathematics on a nationally recognized 
                standardized test;
                  (B) functional competency or literacy on a 
                nationally recognized criterion-referenced 
                test; or
                  (C) a combination of subparagraphs (A) and 
                (B).
          (4) Non-English speaking inmates shall be required to 
        participate in an English-As-A-Second-Language program 
        until they function at the equivalence of the eighth 
        grade on a nationally recognized educational 
        achievement test.
          (5) The Chief Executive Officer of each institution 
        shall have authority to grant waivers for good cause as 
        determined and documented on an individual basis.
  (g) Prerelease Custody for Risk and Needs Assessment System 
Participants.--
          (1) Eligible prisoners.--
                  (A) In general.--This subsection applies in 
                the case of a prisoner (as such term is defined 
                in section 107 of the Recidivism Risk Reduction 
                Act) who--
                          (i) has earned time credits under the 
                        Post-Sentencing Risk and Needs 
                        Assessment System developed under the 
                        Recidivism Risk Reduction Act (referred 
                        to in this subsection as the 
                        ``System'') in an amount that is equal 
                        to the remainder of the prisoner's 
                        imposed term of imprisonment;
                          (ii) has been classified by the 
                        warden of the prison as otherwise 
                        qualified to be transferred into 
                        prerelease custody; and
                          (iii) except as provided in 
                        subparagraph (B), has not been 
                        determined under the System to be more 
                        likely than not to recidivate.
                  (B) Exception.--
                          (i) Reconsideration by warden.--The 
                        warden of a prison shall, not later 
                        than 30 days after receiving from a 
                        prisoner who was determined under the 
                        System to be more likely than not to 
                        recidivate, but who is otherwise 
                        eligible for prerelease custody under 
                        this subsection, a request for 
                        reconsideration of the determination 
                        under the System that the prisoner is 
                        more likely than not to recidivate, 
                        review such prisoner's request, and 
                        either submit a recommendation under 
                        paragraph (2), or notify the prisoner 
                        in writing that the warden has reviewed 
                        the prisoner's request and made a 
                        determination not to submit a 
                        recommendation under paragraph (2).
                          (ii) Reconsideration by director.--In 
                        the case that the warden of a prison 
                        does not submit a recommendation or 
                        notify a prisoner under clause (i) 
                        during the time period described in 
                        that clause, the prisoner may submit 
                        such a request for reconsideration to 
                        the Director of the Bureau of Prisons, 
                        who shall, not later than 60 days after 
                        receiving such a request, review the 
                        request, and either submit a 
                        recommendation under paragraph (2), or 
                        notify the prisoner in writing that the 
                        Director has reviewed the prisoner's 
                        request and made a determination not to 
                        submit a recommendation under paragraph 
                        (2).
                          (iii) Submission to court.--In the 
                        case that the Director does not submit 
                        a recommendation or notify a prisoner 
                        under clause (ii) during the time 
                        period described in that clause, the 
                        prisoner may submit such a request for 
                        reconsideration to the United States 
                        district court in which the prisoner 
                        was convicted. Upon making a 
                        determination after the review of a 
                        request under this clause, the court 
                        shall submit such determination to the 
                        Director and to the warden.
          (2) Recommendation process.--
                  (A) Submission of recommendation.--The warden 
                of the prison, or the Director of the Bureau of 
                Prisons, as applicable, shall submit a 
                recommendation that the prisoner be transferred 
                into prerelease custody to the United States 
                district court in which the prisoner was 
                convicted.
                  (B) Approval or denial.--
                          (i) In general.--Not later than 30 
                        days after the submission of a 
                        recommendation under subparagraph (A), 
                        a judge for such court shall approve or 
                        deny the recommendation, except that a 
                        judge may only deny such a 
                        recommendation if the judge finds by 
                        clear and convincing evidence that the 
                        prisoner should not be transferred into 
                        prerelease custody based only on 
                        evidence of the prisoner's actions 
                        after the conviction of such prisoner 
                        and not based on evidence from the 
                        underlying conviction, and submits a 
                        detailed written statement regarding 
                        such finding to the warden of the 
                        prison who recommended that the 
                        prisoner be transferred into prerelease 
                        custody.
                          (ii) Hearing.--The court may hold a 
                        hearing in order to make a 
                        determination under clause (i). The 
                        prisoner shall have the right to be 
                        present at the hearing, which right may 
                        be satisfied through the use of video 
                        teleconference.
                          (iii) Failure to deny treated as 
                        approval.--The failure of a judge to 
                        approve or deny a recommendation to 
                        transfer at the end of the 30-day 
                        period described in clause (i) shall be 
                        treated as an approval of such 
                        recommendation.
          (3) Placement of prisoner in prerelease custody.--
        Upon the approval of a recommendation under paragraph 
        (2)(B)(i), or 30 days after the warden or the Director 
        submits a recommendation under paragraph (2)(A), 
        whichever occurs earlier, the prisoner shall be placed 
        in prerelease custody in accordance with this 
        subsection.
          (4) Types of prerelease custody.--A prisoner may be 
        placed in prerelease custody as follows:
                  (A) Home confinement.--
                          (i) In general.--A prisoner placed in 
                        prerelease custody pursuant to this 
                        subsection who is placed in home 
                        confinement shall--
                                  (I) be subject to 24-hour 
                                electronic monitoring that 
                                enables the prompt 
                                identification of any violation 
                                of subclause (II);
                                  (II) remain in the prisoner's 
                                residence, except that the 
                                prisoner may leave the 
                                prisoner's home in order to, 
                                subject to the approval of the 
                                Director of the Bureau of 
                                Prisons--
                                          (aa) perform a job or 
                                        job-related activities, 
                                        including an 
                                        apprenticeship, or 
                                        participate in job-
                                        seeking activities;
                                          (bb) participate in 
                                        recidivism reduction 
                                        programming or 
                                        productive activities 
                                        assigned by the System, 
                                        or similar activities;
                                          (cc) perform 
                                        community service;
                                          (dd) participate in 
                                        crime victim 
                                        restoration activities;
                                          (ee) receive medical 
                                        treatment; or
                                          (ff) attend religious 
                                        activities; and
                                  (III) comply with such other 
                                conditions as the Director 
                                determines appropriate.
                          (ii) Alternate means of monitoring.--
                        If the electronic monitoring of a 
                        prisoner described in clause (i)(I) is 
                        infeasible for technical or religious 
                        reasons, the Director of the Bureau of 
                        Prisons may use alternative means of 
                        monitoring a prisoner placed in home 
                        confinement that the Director 
                        determines are as effective or more 
                        effective than the electronic 
                        monitoring described in clause (i)(I).
                          (iii) Modifications.--The Director of 
                        the Bureau of Prisons may modify the 
                        conditions described in clause (i) if 
                        the Director determines that a 
                        compelling reason exists to do so, and 
                        that the prisoner has demonstrated 
                        exemplary compliance with such 
                        conditions.
                          (iv) Duration.--Except as provided in 
                        paragraph (6), a prisoner who is placed 
                        in home confinement shall remain in 
                        home confinement until the prisoner has 
                        served not less than 85 percent of the 
                        prisoner's imposed term of 
                        imprisonment.
                  (B) Community supervision.--A prisoner placed 
                in prerelease custody pursuant to this 
                subsection who is placed on community 
                supervision--
                          (i) shall be subject to such 
                        conditions as the Director of the 
                        Bureau of Prisons determines 
                        appropriate;
                          (ii) may remain on community 
                        supervision until the conclusion of the 
                        prisoner's sentence; and
                          (iii) may only be placed on community 
                        supervision if the duration of the 
                        prisoner's eligibility for community 
                        supervision is equal to or longer than 
                        the duration of the prisoner's 
                        remaining period of prerelease custody.
                  (C) Residential reentry center.--A prisoner 
                placed in prerelease custody pursuant to this 
                subsection who is placed at a residential 
                reentry center shall be subject to such 
                conditions as the Director of the Bureau of 
                Prisons determines appropriate.
          (5) Determination of conditions.--In determining 
        appropriate conditions for prisoners placed in 
        prerelease custody pursuant to this subsection, the 
        Director of the Bureau of Prisons shall, to the extent 
        practicable, provide that increasingly less restrictive 
        conditions shall be imposed on prisoners who 
        demonstrate continued compliance with the conditions of 
        such prerelease custody, so as to most effectively 
        prepare such prisoners for reentry.
          (6) Violations of conditions.--If a prisoner violates 
        a condition of the prisoner's prerelease custody, the 
        Director of the Bureau of Prisons may revoke the 
        prisoner's prerelease custody and require the prisoner 
        to serve the remainder of the term of imprisonment to 
        which the prisoner was sentenced, or any portion 
        thereof, in prison, or impose such additional 
        conditions on the prisoner's prerelease custody as the 
        Director of the Bureau of Prisons determines 
        appropriate.
          (7) Issuance of guidelines.--The Attorney General, in 
        consultation with the Assistant Director for the Office 
        of Probation and Pretrial Services, shall issue 
        guidelines, for use by the Bureau of Prisons in 
        determining--
                  (A) appropriate type of prerelease custody 
                and level of supervision for a prisoner placed 
                on prerelease custody pursuant to this 
                subsection; and
                  (B) consequences for a violation of a 
                condition of such prerelease custody by such a 
                prisoner, including a return to prison and a 
                reassessment of recidivism risk level under the 
                System.
          (8) Agreements with united states probation and 
        pretrial services.--The Director of the Bureau of 
        Prisons shall, to the greatest extent practicable, 
        enter into agreements with the United States Probation 
        and Pretrial Services to supervise prisoners placed in 
        home confinement or community supervision under this 
        subsection.  Such agreements shall--
                  (A) authorize United States Probation and 
                Pretrial Services to exercise the authority 
                granted to the Director pursuant to paragraphs 
                (4) and (5);
                  (B) take into account the resource 
                requirements of United States Probation and 
                Pretrial Services as a result of the transfer 
                of Bureau of Prisons prisoners to prerelease 
                custody; and
                  (C) provide for the transfer of such funds as 
                may be necessary to comply with such 
                requirements.
          (9) Assistance.--United States Probation and Pretrial 
        Services shall, to the greatest extent practicable, 
        offer assistance to any prisoner not under its 
        supervision during prerelease custody under this 
        subsection.
          (10) Time limits inapplicable.--The time limits under 
        subsections (b) and (c) shall not apply to prerelease 
        custody under this subsection.
  (h) Alien Prisoners.--If a prisoner who is placed in 
prerelease custody is an alien whose deportation was ordered as 
a condition of such prerelease custody or who is subject to a 
detainer filed by United States Immigration and Customs 
Enforcement for the purposes of determining the alien's 
deportability, United States Immigration and Customs 
Enforcement shall take custody of the alien upon the alien's 
transfer to prerelease custody.

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PART III--PRISONS AND PRISONERS

           *       *       *       *       *       *       *


                     CHAPTER 303--BUREAU OF PRISONS

Sec.
4041. Bureau of Prisons; director and employees.
     * * * * * * *
4049. Officers and employees of the Bureau of Prisons authorized to 
          carry oleoresin capsicum spray.
4050. Secure firearms storage.

           *       *       *       *       *       *       *


Sec. 4049. Officers and employees of the Bureau of Prisons authorized 
                    to carry oleoresin capsicum spray

  (a) In General.--The Director of the Bureau of Prisons shall 
issue, on a routine basis, oleoresin capsicum spray to--
          (1) any officer or employee of the Bureau of Prisons 
        who--
                  (A) is employed in a prison that is not a 
                minimum or low security prison; and
                  (B) may respond to an emergency situation in 
                such a prison; and
          (2) to such additional officers and employees of 
        prisons as the Director determines appropriate, in 
        accordance with this section.
  (b) Training Requirement.--
          (1) In general.--In order for an officer or employee 
        of the Bureau of Prisons, including a correctional 
        officer, to be eligible to receive and carry oleoresin 
        capsicum spray pursuant to this section, the officer or 
        employee shall complete a training course before being 
        issued such spray, and annually thereafter, on the use 
        of oleoresin capsicum spray.
          (2) Transferability of training.--An officer or 
        employee of the Bureau of Prisons who completes a 
        training course pursuant to paragraph (1) and 
        subsequently transfers to employment at a different 
        prison, shall not be required to complete an additional 
        training course solely due such transfer.
          (3) Training conducted during regular employment.--An 
        officer or employee of the Bureau of Prisons who 
        completes a training course required under paragraph 
        (1) shall do so during the course of that officer or 
        employee's regular employment, and shall be compensated 
        at the same rate that the officer or employee would be 
        compensated for conducting the officer or employee's 
        regular duties.
  (c) Use of Oleoresin Capsicum Spray.--Officers and employees 
of the Bureau of Prisons issued oleoresin capsicum spray 
pursuant to subsection (a) may use such spray to reduce acts of 
violence--
          (1) committed by prisoners against themselves, other 
        prisoners, prison visitors, and officers and employees 
        of the Bureau of Prisons; and
          (2) committed by prison visitors against themselves, 
        prisoners, other visitors, and officers and employees 
        of the Bureau of Prisons.

Sec. 4050. Secure firearms storage

  (a) Definitions.--In this section--
          (1) the term ``employee'' means a qualified law 
        enforcement officer employed by the Bureau of Prisons; 
        and
          (2) the terms ``firearm'' and ``qualified law 
        enforcement officer'' have the meanings given those 
        terms under section 926B.
  (b) Secure Firearms Storage.--The Director of the Bureau of 
Prisons shall ensure that each chief executive officer of a 
Federal penal or correctional institution--
          (1)(A) provides a secure storage area located outside 
        of the secure perimeter of the institution for 
        employees to store firearms; or
          (B) allows employees to store firearms in a vehicle 
        lockbox approved by the Director of the Bureau of 
        Prisons; and
          (2) notwithstanding any other provision of law, 
        allows employees to carry concealed firearms on the 
        premises outside of the secure perimeter of the 
        institution.

           *       *       *       *       *       *       *


                  CHAPTER 317--INSTITUTIONS FOR WOMEN

Sec.
4321. Board of Advisers.
4322. Use of restraints on prisoners during the period of pregnancy, 
          labor, and postpartum recovery prohibited.

           *       *       *       *       *       *       *


Sec. 4322. Use of restraints on prisoners during the period of 
                    pregnancy, labor, and postpartum recovery 
                    prohibited

  (a) Prohibition.--Except as provided in subsection (b), 
beginning on the date on which pregnancy is confirmed by a 
healthcare professional, and ending at the conclusion of 
postpartum recovery, a prisoner in the custody of the Bureau of 
Prisons, or in the custody of the United States Marshals 
Service pursuant to section 4086, shall not be placed in 
restraints.
  (b) Exceptions.--
          (1) In general.--The prohibition under subsection (a) 
        shall not apply if--
                  (A) an appropriate corrections official, or a 
                United States marshal, as applicable, makes a 
                determination that the prisoner--
                          (i) is an immediate and credible 
                        flight risk that cannot reasonably be 
                        prevented by other means; or
                          (ii) poses an immediate and serious 
                        threat of harm to herself or others 
                        that cannot reasonably be prevented by 
                        other means; or
                  (B) a health care professional responsible 
                for the health and safety of the prisoner 
                determines that the use of restraints is 
                appropriate for the medical safety of the 
                prisoner.
          (2) Least restrictive restraints.--In the case that 
        restraints are used pursuant to an exception under 
        paragraph (1), only the least restrictive restraints 
        necessary to prevent the harm or risk of escape 
        described in paragraph (1) may be used.
          (3) Application.--
                  (A) In general.--The exceptions under 
                paragraph (1) may not be applied--
                          (i) to place restraints around the 
                        ankles, legs, or waist of a prisoner;
                          (ii) to restrain a prisoner's hands 
                        behind her back;
                          (iii) to restrain a prisoner using 
                        four-point restraints; or
                          (iv) to attach a prisoner to another 
                        prisoner.
                  (B) Medical request.--Notwithstanding 
                paragraph (1), upon the request of a healthcare 
                professional who is responsible for the health 
                and safety of a prisoner, a corrections 
                official or United States marshal, as 
                applicable, shall refrain from using restraints 
                on the prisoner or remove restraints used on 
                the prisoner.
  (c) Reports.--
          (1) Report to the director and healthcare 
        professional.--If a corrections official or United 
        States marshal uses restraints on a prisoner under 
        subsection (b)(1), that official or marshal shall 
        submit, not later than 30 days after placing the 
        prisoner in restraints, to the Director of the Bureau 
        of Prisons or the Director of the United States 
        Marshals Service, as applicable, and to the healthcare 
        professional responsible for the health and safety of 
        the prisoner, a written report which describes the 
        facts and circumstances surrounding the use of 
        restraints, and includes--
                  (A) the reasoning upon which the 
                determination to use restraints was made;
                  (B) the details of the use of restraints, 
                including the type of restraints used and 
                length of time during which restraints were 
                used; and
                  (C) any resulting physical effects on the 
                prisoner observed by or known to the 
                corrections official or United States marshal, 
                as applicable.
          (2) Supplemental report to the director.--Upon 
        receipt of a report under subsection (c)(1), the 
        healthcare professional responsible for the health and 
        safety of the prisoner may submit to the Director such 
        information as the healthcare professional determines 
        is relevant to the use of restraints on the prisoner.
          (3) Report to judiciary committees.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of this Act, and annually 
                thereafter, the Director of the Bureau of 
                Prisons and the Director of the United States 
                Marshals Service shall each submit to the 
                Judiciary Committee of the Senate and of the 
                House of Representatives a report that 
                certifies compliance with this section and 
                includes the information required to be 
                reported under paragraph (1).
                  (B) Personally identifiable information.--The 
                report under this paragraph shall not contain 
                any personally identifiable information of any 
                prisoner.
  (d) Notice.--Not later than 48 hours after the confirmation 
of a prisoner's pregnancy by a health care professional, that 
prisoner shall be notified by an appropriate health care 
professional, corrections official, or United States marshal, 
as applicable, of the restrictions on the use of restraints 
under this section.
  (e) Violation Reporting Process.--The Director of the Bureau 
of Prisons, in consultation with the Director of the United 
States Marshals Service, shall establish a process through 
which a prisoner may report a violation of this section.
  (f) Training.--
          (1) In general.--The Director of the Bureau of 
        Prisons and the Director of the United States Marshals 
        Service shall each develop training guidelines 
        regarding the use of restraints on female prisoners 
        during the period of pregnancy, labor, and postpartum 
        recovery, and shall incorporate such guidelines into 
        appropriate training programs. Such training guidelines 
        shall include--
                  (A) how to identify certain symptoms of 
                pregnancy that require immediate referral to a 
                health care professional;
                  (B) circumstances under which the exceptions 
                under subsection (b) would apply;
                  (C) in the case that an exception under 
                subsection (b) applies, how to apply restraints 
                in a way that does not harm the prisoner, the 
                fetus, or the neonate;
                  (D) the information required to be reported 
                under subsection (c); and
                  (E) the right of a health care professional 
                to request that restraints not be used, and the 
                requirement under subsection (b)(3)(B) to 
                comply with such a request.
          (2) Development of guidelines.--In developing the 
        guidelines required by paragraph (1), the Directors 
        shall each consult with health care professionals with 
        expertise in caring for women during the period of 
        pregnancy and postpartum recovery.
  (g) Definitions.--For purposes of this section:
          (1) The term ``postpartum recovery'' means the six-
        week period, or longer as determined by the healthcare 
        professional responsible for the health and safety of 
        the prisoner, following delivery, and shall include the 
        entire period that the prisoner is in the hospital or 
        infirmary.
          (2) The term ``restraints'' means any physical or 
        mechanical device used to control the movement of a 
        prisoner's body, limbs, or both.
          (3) The term ``prisoner'' means a person who has been 
        sentenced to a term of imprisonment pursuant to a 
        conviction for a Federal criminal offense, or a person 
        in the custody of the Bureau of Prisons, including a 
        person in a Bureau of Prisons contracted facility.
                              ----------                              


SECOND CHANCE ACT OF 2007

           *       *       *       *       *       *       *


TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS

           *       *       *       *       *       *       *


             Subtitle C--Administration of Justice Reforms

             CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY

SEC. 231. FEDERAL PRISONER REENTRY INITIATIVE.

  (a) In general.--The Attorney General, in coordination with 
the Director of the Bureau of Prisons, shall, subject to the 
availability of appropriations, conduct the following 
activities to establish a Federal prisoner reentry initiative:
          (1) The establishment of a Federal prisoner reentry 
        strategy to help prepare prisoners for release and 
        successful reintegration into the community, including, 
        at a minimum, that the Bureau of Prisons--
                  (A) assess each prisoner's skill level 
                (including academic, vocational, health, 
                cognitive, interpersonal, daily living, and 
                related reentry skills) at the beginning of the 
                term of imprisonment of that prisoner to 
                identify any areas in need of improvement prior 
                to reentry;
                  (B) generate a skills development plan for 
                each prisoner to monitor skills enhancement and 
                reentry readiness throughout incarceration;
                  (C) determine program assignments for 
                prisoners based on the areas of need identified 
                through the assessment described in 
                subparagraph (A);
                  (D) ensure that priority is given to the 
                reentry needs of high-risk populations, such as 
                sex offenders, career criminals, and prisoners 
                with mental health problems;
                  (E) coordinate and collaborate with other 
                Federal agencies and with State, Tribal, and 
                local criminal justice agencies, community-
                based organizations, and faith-based 
                organizations to help effectuate a seamless 
                reintegration of prisoners into communities;
                  (F) collect information about a prisoner's 
                family relationships, parental 
                responsibilities, and contacts with children to 
                help prisoners maintain important familial 
                relationships and support systems during 
                incarceration and after release from custody; 
                and
                  (G) provide incentives for prisoner 
                participation in skills development programs.
          (2) Incentives for a prisoner who participates in 
        reentry and skills development programs which may, at 
        the discretion of the Director, include--
                  (A) the maximum allowable period in a 
                community confinement facility; and
                  (B) such other incentives as the Director 
                considers appropriate (not including a 
                reduction of the term of imprisonment).
  (b) Identification and Release Assistance for Federal 
Prisoners.--
          (1) Obtaining identification.--The Director shall 
        assist prisoners in obtaining identification (including 
        a social security card, driver's license or other 
        official photo identification, or birth certificate) 
        prior to release.
          (2) Assistance developing release plan.--At the 
        request of a direct-release prisoner, a representative 
        of the United States Probation System shall, prior to 
        the release of that prisoner, help that prisoner 
        develop a release plan.
          (3) Direct-release prisoner defined.--In this 
        section, the term ``direct-release prisoner'' means a 
        prisoner who is scheduled for release and will not be 
        placed in prerelease custody.
  (c) Improved Reentry Procedures for Federal Prisoners.--The 
Attorney General shall take such steps as are necessary to 
modify the procedures and policies of the Department of Justice 
with respect to the transition of offenders from the custody of 
the Bureau of Prisons to the community--
          (1) to enhance case planning and implementation of 
        reentry programs, policies, and guidelines;
          (2) to improve such transition to the community, 
        including placement of such individuals in community 
        corrections facilities; and
          (3) to foster the development of collaborative 
        partnerships with stakeholders at the national, State, 
        and local levels to facilitate the exchange of 
        information and the development of resources to enhance 
        opportunities for successful offender reentry.
  (d) Duties of the Bureau of Prisons.--
          (1) Duties of the bureau of prisons expanded.--
        Section 4042(a) of title 18, United States Code, is 
        amended--
                  (A) in paragraph (4), by striking ``and'' at 
                the end;
                  (B) in paragraph (5), by striking the period 
                and inserting a semicolon; and
                  (C) by adding at the end the following:
                  ``(D) establish prerelease planning 
                procedures that help prisoners--
                          ``(i) apply for Federal and State 
                        benefits upon release (including Social 
                        Security Cards, Social Security 
                        benefits, and veterans' benefits); and
                          ``(ii) secure such identification and 
                        benefits prior to release, subject to 
                        any limitations in law; and
                  ``(E) establish reentry planning procedures 
                that include providing Federal prisoners with 
                information in the following areas:
                          ``(i) Health and nutrition.
                          ``(ii) Employment.
                          ``(iii) Literacy and education.
                          ``(iv) Personal finance and consumer 
                        skills.
                          ``(v) Community resources.
                          ``(vi) Personal growth and 
                        development.
                          ``(vii) Release requirements and 
                        procedures.''.
          (2) Measuring the removal of obstacles to reentry.--
                  (A) Coding required.--The Director shall 
                ensure that each institution within the Bureau 
                of Prisons codes the reentry needs and deficits 
                of prisoners, as identified by an assessment 
                tool that is used to produce an individualized 
                skills development plan for each inmate.
                  (B) Tracking.--In carrying out this 
                paragraph, the Director shall quantitatively 
                track the progress in responding to the reentry 
                needs and deficits of individual inmates.
                  (C) Annual Report.--On an annual basis, the 
                Director shall prepare and submit to the 
                Committee on the Judiciary of the Senate and 
                the Committee on the Judiciary of the House of 
                Representatives a report that documents the 
                progress of the Bureau of Prisons in responding 
                to the reentry needs and deficits of inmates.
                  (D) Evaluation.--The Director shall ensure 
                that--
                          (i) the performance of each 
                        institution within the Bureau of 
                        Prisons in enhancing skills and 
                        resources to assist in reentry is 
                        measured and evaluated using recognized 
                        measurements; and
                          (ii) plans for corrective action are 
                        developed and implemented as necessary.
          (3) Measuring and improving recidivism outcomes.--
                  (A) Annual report required.--
                          (i) In general.--At the end of each 
                        fiscal year, the Director shall submit 
                        to the Committee on the Judiciary of 
                        the Senate and the Committee on the 
                        Judiciary of the House of 
                        Representatives a report containing 
                        statistics demonstrating the relative 
                        reduction in recidivism for inmates 
                        released by the Bureau of Prisons 
                        within that fiscal year and the 2 prior 
                        fiscal years, comparing inmates who 
                        participated in major inmate programs 
                        (including residential drug treatment, 
                        vocational training, and prison 
                        industries) with inmates who did not 
                        participate in such programs. Such 
                        statistics shall be compiled separately 
                        for each such fiscal year.
                          (ii) Scope.--A report under this 
                        paragraph is not required to include 
                        statistics for a fiscal year that 
                        begins before the date of the enactment 
                        of this Act.
                  (B) Measure used.--In preparing the reports 
                required by subparagraph (A), the Director 
                shall, in consultation with the Director of the 
                Bureau of Justice Statistics, select a measure 
                for recidivism (such as rearrest, 
                reincarceration, or any other valid, evidence-
                based measure) that the Director considers 
                appropriate and that is consistent with the 
                research undertaken by the Bureau of Justice 
                Statistics under section 241(b)(6).
                  (C) Goals.--
                          (i) In general.--After the Director 
                        submits the first report required by 
                        subparagraph (A), the Director shall 
                        establish goals for reductions in 
                        recidivism rates and shall work to 
                        attain those goals.
                          (ii) Contents.--The goals established 
                        under clause (i) shall use the relative 
                        reductions in recidivism measured for 
                        the fiscal year covered by the first 
                        report required by subparagraph (A) as 
                        a baseline rate, and shall include--
                                  (I) a 5-year goal to 
                                increase, at a minimum, the 
                                baseline relative reduction 
                                rate of recidivism by 2 
                                percent; and
                                  (II) a 10-year goal to 
                                increase, at a minimum, the 
                                baseline relative reduction 
                                rate of recidivism by 5 percent 
                                within 10 fiscal years.
          (4) Format.--Any written information that the Bureau 
        of Prisons provides to inmates for reentry planning 
        purposes shall use common terminology and language.
          (5) Medical care.--The Bureau of Prisons shall 
        provide the United States Probation and Pretrial 
        Services System with relevant information on the 
        medical care needs and the mental health treatment 
        needs of inmates scheduled for release from custody. 
        The United States Probation and Pretrial Services 
        System shall take this information into account when 
        developing supervision plans in an effort to address 
        the medical care and mental health care needs of such 
        individuals. The Bureau of Prisons shall provide 
        inmates with a sufficient amount of all necessary 
        medications (which will normally consist of, at a 
        minimum, a 2-week supply of such medications) upon 
        release from custody.
  (e) Encouragement of Employment of Former Prisoners.--The 
Attorney General, in consultation with the Secretary of Labor, 
shall take such steps as are necessary to educate employers and 
the one-stop partners and one-stop operators (as such terms are 
defined in section 3 of the Workforce Innovation and 
Opportunity Act) that provide services at any center operated 
under a one-stop delivery system established under section 
121(e) of the Workforce Innovation and Opportunity Act 
regarding incentives (including the Federal bonding program of 
the Department of Labor and tax credits) for hiring former 
Federal, State, or local prisoners.
  (f) Medical Care for Prisoners.--Section 3621 of title 18, 
United States Code, is further amended by adding at the end the 
following new subsection:
  ``(g) Continued Access to Medical Care.--
          ``(1) In general.--In order to ensure a minimum 
        standard of health and habitability, the Bureau of 
        Prisons should ensure that each prisoner in a community 
        confinement facility has access to necessary medical 
        care, mental health care, and medicine through 
        partnerships with local health service providers and 
        transition planning.
          ``(2) Definition.--In this subsection, the term 
        `community confinement' has the meaning given that term 
        in the application notes under section 5F1.1 of the 
        Federal Sentencing Guidelines Manual, as in effect on 
        the date of the enactment of the Second Chance Act of 
        2007.''.
  (g) Elderly and Family Reunification for Certain Nonviolent 
Offenders Pilot Program.--
          (1) Program authorized.--
                  (A) In general.--The Attorney General shall 
                conduct a pilot program to determine the 
                effectiveness of removing eligible elderly 
                offenders from a Bureau of Prisons facility and 
                placing such offenders on home detention until 
                the expiration of the prison term to which the 
                offender was sentenced.
                  (B) Placement in home detention.--In carrying 
                out a pilot program as described in 
                subparagraph (A), the Attorney General may, 
                upon written request from the Director of the 
                Bureau of Prisons or an eligible elderly 
                offender, release some or all eligible elderly 
                offenders from the Bureau of Prisons facility 
                to home detention.
                  (C) Waiver.--The Attorney General is 
                authorized to waive the requirements of section 
                3624 of title 18, United States Code, as 
                necessary to provide for the release of some or 
                all eligible elderly offenders from the Bureau 
                of Prisons facility to home detention for the 
                purposes of the pilot program under this 
                subsection.
          (2) Violation of terms of home detention.--A 
        violation by an eligible elderly offender of the terms 
        of home detention (including the commission of another 
        Federal, State, or local crime) shall result in the 
        removal of that offender from home detention and the 
        return of that offender to the designated Bureau of 
        Prisons institution in which that offender was 
        imprisoned immediately before placement on home 
        detention under paragraph (1), or to another 
        appropriate Bureau of Prisons institution, as 
        determined by the Bureau of Prisons.
          (3) Scope of pilot program.--A pilot program under 
        paragraph (1) shall be conducted through at least one 
        Bureau of Prisons facility designated by the Attorney 
        General as appropriate for the pilot program and shall 
        be [carried out during fiscal years 2009 and 2010] 
        carried out during fiscal years 2016 through 2020.
          (4) Implementation and evaluation.--The Attorney 
        General shall monitor and evaluate each eligible 
        elderly offender placed on home detention under this 
        section, and shall report to Congress concerning the 
        experience with the program at the end of the period 
        described in paragraph (3). The Administrative Office 
        of the United States Courts and the United States 
        probation offices shall provide such assistance and 
        carry out such functions as the Attorney General may 
        request in monitoring, supervising, providing services 
        to, and evaluating eligible elderly offenders released 
        to home detention under this section.
          (5) Definitions.--In this section:
                  (A) Eligible elderly offender.--The term 
                ``eligible elderly offender'' means an offender 
                in the custody of the Bureau of Prisons--
                          (i) who is not less than 65 years of 
                        age;
                          (ii) who is serving a term of 
                        imprisonment that is not life 
                        imprisonment based on conviction for an 
                        offense or offenses that do not include 
                        any crime of violence (as defined in 
                        section 16 of title 18, United States 
                        Code), sex offense (as defined in 
                        section 111(5) of the Sex Offender 
                        Registration and Notification Act), 
                        offense described in section 
                        2332b(g)(5)(B) of title 18, United 
                        States Code, or offense under chapter 
                        37 of title 18, United States Code, and 
                        has served [the greater of 10 years or] 
                        75 percent of the term of imprisonment 
                        to which the offender was sentenced;
                          (iii) who has not been convicted in 
                        the past of any Federal or State crime 
                        of violence, sex offense, or other 
                        offense described in clause (ii);
                          (iv) who has not been determined by 
                        the Bureau of Prisons, on the basis of 
                        information the Bureau uses to make 
                        custody classifications, and in the 
                        sole discretion of the Bureau, to have 
                        a history of violence, or of engaging 
                        in conduct constituting a sex offense 
                        or other offense described in clause 
                        (ii);
                          (v) who has not escaped, or attempted 
                        to escape, from a Bureau of Prisons 
                        institution;
                          (vi) with respect to whom the Bureau 
                        of Prisons has determined that release 
                        to home detention under this section 
                        will result in a substantial net 
                        reduction of costs to the Federal 
                        Government; and
                          (vii) who has been determined by the 
                        Bureau of Prisons to be at no 
                        substantial risk of engaging in 
                        criminal conduct or of endangering any 
                        person or the public if released to 
                        home detention.
                  (B) Home detention.--The term ``home 
                detention'' has the same meaning given the term 
                in the Federal Sentencing Guidelines as of the 
                date of the enactment of this Act, and includes 
                detention in a nursing home or other 
                residential long-term care facility.
                  (C) Term of imprisonment.--The term ``term of 
                imprisonment'' includes multiple terms of 
                imprisonment ordered to run consecutively or 
                concurrently, which shall be treated as a 
                single, aggregate term of imprisonment for 
                purposes of this section.
  [(h) Federal Remote Satellite Tracking and Reentry Training 
Program.--
          [(1) Establishment of program.--The Director of the 
        Administrative Office of the United States Courts, in 
        consultation with the Attorney General, may establish 
        the Federal Remote Satellite Tracking and Reentry 
        Training (ReStart) program to promote the effective 
        reentry into the community of high risk individuals.
          [(2) High risk individuals.--For purposes of this 
        section, the term ``high risk individual'' means--
                  [(A) an individual who is under supervised 
                release, with respect to a Federal offense, and 
                who has previously violated the terms of a 
                release granted such individual following a 
                term of imprisonment; or
                  [(B) an individual convicted of a Federal 
                offense who is at a high risk for recidivism, 
                as determined by the Director of the Bureau of 
                Prisons, and who is eligible for early release 
                pursuant to voluntary participation in a 
                program of residential substance abuse 
                treatment under section 3621(e) of title 18, 
                United States Code, or a program described in 
                this section.
          [(3) Program elements.--The program authorized under 
        paragraph (1) shall include, with respect to high risk 
        individuals participating in such program, the 
        following core elements:
                  [(A) A system of graduated levels of 
                supervision, that uses, as appropriate and 
                indicated--
                          [(i) satellite tracking, global 
                        positioning, remote satellite, and 
                        other tracking or monitoring 
                        technologies to monitor and supervise 
                        such individuals in the community; and
                          [(ii) community corrections 
                        facilities and home confinement.
                  [(B) Substance abuse treatment and aftercare 
                related to such treatment, mental and medical 
                health treatment and aftercare related to such 
                treatment, vocational and educational training, 
                life skills instruction, conflict resolution 
                skills training, batterer intervention 
                programs, and other programs to promote 
                effective reentry into the community as 
                appropriate.
                  [(C) Involvement of the family of such an 
                individual, a victim advocate, and the victim 
                of the offense committed by such an individual, 
                if such involvement is safe for such victim 
                (especially in a domestic violence case).
                  [(D) A methodology, including outcome 
                measures, to evaluate the program.
                  [(E) Notification to the victim of the 
                offense committed by such an individual of the 
                status and nature of such an individual's 
                reentry plan.]
  [(i)] (h) Authorization for Appropriations for Bureau of 
Prisons.--There are authorized to be appropriated to the 
Attorney General to carry out this section, $5,000,000 for each 
of fiscal years [2009 and 2010] 2016 through 2020.

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